Question

[scottb6061]

What is the name of your state? Lousiana . My wife and I are separating. I was served papers for a credit card debt for $3000.00. The papers said Admission of Facts. She signed for them while I wasn't there and thought it was funny. My question is even though the paperwork came in my name, is she liable for any of the debt since we have other c/c debt and was told all debts would be split 50% between us both. Second question is this a start of a suit against me or what? Thanks

 

[Debt Guy]

Yes. You are being sued. You need to file a response to the lawsuit -- otherwise the creditor will be awarded a default judgment.

LA is a community property state. That means that both spouses are legally responsibe for each other's debts. It also means the bank can sue you, sue her or sue you both -- as they wish.

This would be a matter to bring up to your divorce attorney and make sure the judge addresses.

By the way, whatever the judge orders it not binding on the creditor. For example, if the judge orders you to pay the whole thing, your wife can still be sued by the creditor. She would then have to take you back to divorce court and ask for a contempt motion to force you to pay. The same principle works both ways. The point is that creditors are simply not subject to the orders of the divorce court.