View Full Version : I have unsecured debt, can creditors come after my husband?
govols61
Mar 31, 2009, 06:33 PM
I am behind severely on credit card payments and one unsecured loan to a credit union. These are all in my name. I lost my job and am financially strapped. Collection calls are coming. They don't call me as I changed my cell number. They are however calling my husband. One collector told my husband today that Tennessee law states that they can come after him and his assets for my debt.
If my situation does not change soon I will consider chapter 7.:(
Can my spouse be held liable for my unsecured debt?:confused:
Fr_Chuck
Mar 31, 2009, 06:37 PM
Collectors will tell you and him everything, why not write them and tell them not to call any longer but to put everything in writing, I will assure you they will not put that in writing,
Also if for some silly reason you still talk to them on the phone, tell them you are recording the call, ( and do it) I bet they will not tell the same story then.
ScottGem
Mar 31, 2009, 06:55 PM
It is possible that debts incurred durng marriage could be considered debts for both. Depends on the state. But you can tell them to only correspond by mail.
govols61
Mar 31, 2009, 07:45 PM
Thank you for both replies. I have typed up a ceist and desist letter to send out. But I still do not know for sure if by Tennessee law if the creditors can come after my husband. If anyone knows or can point me in the right direction (another link Etc.. ) I would appreciate it.
ScottGem
Apr 1, 2009, 06:41 AM
What do you mean by a cease and desist order? You can require them to make further contact only by mail but you can't tell them to stop contacting you.
As to marital debt, from what I found the news isn't good. While this site (Property/Debt Division (http://www.pollkat.com/8.01.html)) refers to divorce, it still identifies marital debt as:
Marital debt is debt (bills) acquired during the marriage, even if only in the name of one of you, if it came during the marriage, it generally is marital debt