Sunday, April 26, 2015

My husband was incarcerated last year. he had three credit cards in his name only two American express and one Capital One. Amex is suing h...

Question

My husband was incarcerated last year. he had three credit cards in his name only; two American express and one Capital One. Amex is suing him, apparently. I am receiving offers form attorneys to help. (that's the only way I knew he is being sued) Am I responsible for these bills? and can Amex garnish retirement check or take money from our joint checking account? I obviously do not have enough money to pay them or I would. these cards have not been used since he was imprisoned. what do I do???



Answer

The attorneys who are offering to help (soliciting business) are committing a breach of ethics.

The Amex be styled "Amex vs. The Husband." You are not PERSONALLY liable for your husband's debts.

Your husband may have a defense under the statute of limitations. Is the balance more than four years old?

If (when) Amex gets a JUDGMENT, they DO have the right to garnish a joint bank account. Your remedy is NOT TO HAVE ONE. Take care of that TODAY - make a personal visit to the bank if you have to.

When you marry a person, you don't marry his debts.



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