Can a collection company come after me for my husband’s debt that was incurred previous to our marriage?

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Can a collection company come after me for my husband’s debt that was incurred previous to our marriage?

They have reported me to credit, i have disputed it with them, they claim community property, but my understanding is community property during the marriage does not apply to previous debts before we were married? What is my recourse? They call my cell phone 4 times per day and I am getting quite annoyed.

Asked on August 8, 2012 under Bankruptcy Law, California

Answers:

Ganette Genetti / Ahluwalia Law Professional Corporation

Answered 8 years ago | Contributor

The question of whether the debt is community property is a legal question that will depend on several factors, and you should seek competent counsel who can accurately analyze whether community property is responsible for these debts.  But in the meantime, if your goal is to stop the phone calls, then send the creditor a No Contact Letter, and cite California Civ. Code Section 1788.17 and 15 USC Section 1692c(c). By law they will have to cease contact with a consumer when they receive a written request to do so.


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