Can a debt collector go after my spouseif his name is not on the debt account but I have a joint accounts with him?

UPDATED: Aug 31, 2011

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Can a debt collector go after my spouseif his name is not on the debt account but I have a joint accounts with him?

I went through a debt settlement company to settle 3 credit card debts 5 years ago after having a stroke. I had to leave my job due to my health. The settlement company was fine for a year and then sold to another company and the auto payments stopped from my bank due to them not notifying me of the change. Then 2 years ago I got a notice from an attorney about legal action being taken against me. I wrote a “Hardship Letter”. I just got a letter from a different recovery company demanding payment. Can they go after my husband/savings/checking if his name is not on the debt account?

Asked on August 31, 2011 Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  I would consider contacting your state attorney general's office to obtain information about filing a complaint, as I think that you are being railroaded here.  As for the answer to your question, it is yes and no.  You alone are responsible for your debt so a creditor can not go after your husband just because he is your husband.  But they can after any account that has your name on it, even if it also has your husband's name on it.  This goes for any tax refund as well that is in both of your names.  I hope that this helps.  And good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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