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  1. #1

    Default Being Held Liable for Spouse's Debt

    My question involves collection proceedings in the State of: West Virginia

    Years ago my parents used my wifes info to create an account online to sell items. Come to find out they had an outstanding debt that they never paid. My wife had an account with the same online auction and sold items last year. Well I tries to open an account as well and this online auction took both of their outstanding debt and put it on my account and will not let me do anything until I pay it in full. After a couple of weeks of back and forth talk I had told them that I had no issue paying my wifes amount, but would not pay my parents debt. Do I have any leg to stand on in this situation?

    Also, they just tried charging the entire amount to my credit card without permission even after I had told them I would not pay. This is not ebay

    Thanks for any help in this situation

  2. #2

    Default Re: Being Held Liable for Others Debt

    If your wife wants to argue that your parents used her identity and established an account without her permission, has she filed a police report for fraudulent use of her identity in setting up the account and using it under her name to incur the debt - and has she cooperated with law enforcement to seek criminal charges against your parents?

    If she's prepared to admit that they used her information WITH her permission, then her option is to attempt to sue your parents for the amounts they owe. plus interest and court costs.

    Talk to your parents. Either they'll pay the amount they incurred, or, you can sue them for the amount and/or report fraud if appropriate. If your credit takes a hit due to the debt, you can seek damages from your parents for that too. Bottom line is that this is a problem for your PARENTS to solve or have solved against them.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3

    Default Re: Being Held Liable for Others Debt

    That is not what I am asking. They had my wife's permission since they didn't have a credit card to activate the online auction. They would give her the money when they charged her card, but I guess there was an outstanding balance.

    The issue I was trying to get answered is, is it legal that they can hold my parents debt and my wifes debt to me? I can see my wifes debt, and I told them I was more then willing to pay that. They automatically applied both amount to my account, and then tried to charge my credit card after I had told them several times I would only pay my wifes debt. I was trying to see if that is legal or not

  4. #4
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    Default Re: Being Held Liable for Others Debt

    If you read the TOS from the auction site, you will likely find they are permitted to do so, as you agreed to it by registering there.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  5. #5
    Join Date
    Jan 2006
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    25,851

    Default Re: Being Held Liable for Others Debt

    Quote Quoting jessandmike1995
    View Post
    That is not what I am asking. They had my wife's permission since they didn't have a credit card to activate the online auction. They would give her the money when they charged her card, but I guess there was an outstanding balance.

    The issue I was trying to get answered is, is it legal that they can hold my parents debt and my wifes debt to me? I can see my wifes debt, and I told them I was more then willing to pay that. They automatically applied both amount to my account, and then tried to charge my credit card after I had told them several times I would only pay my wifes debt. I was trying to see if that is legal or not
    it would appear your parents do not have a debt involved here. It would appear to be all your wife's debt:


    Years ago my parents used my wifes info to create an account online to sell items.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6

    Default Re: Being Held Liable for Others Debt

    They didn't give her anymore money to pay the debt off. The account was in their name, but used her credit card. How would that be her debt?

  7. #7
    Join Date
    Jan 2006
    Posts
    25,851

    Default Re: Being Held Liable for Others Debt

    Quote Quoting jessandmike1995
    View Post
    They didn't give her anymore money to pay the debt off. The account was in their name, but used her credit card. How would that be her debt?
    how does this:

    Years ago my parents used my wifes info to create an account online to sell items.
    equal an account in your parent's names?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  8. #8

    Default Re: Being Held Liable for Spouse's Debt

    They used her credit card info is what I meant by that statement. The info on the account ie: name, address, email was in their name. How does a company have the right to take all of this and put their debt along with my wifes onto my account? That's the original question

  9. #9

    Default Re: Being Held Liable for Spouse's Debt

    Because they either associated her credit card to the account WITH her permission, or without. If WITH her permission, then as the credit card holder, it's HER debt to the credit card company. She can sue her parents for amounts that they incurred on her card, and she can in turn use that to pay the bill, but the credit card company has no ties to her parents, only to HER. If they used it WITHOUT her permission, she needs to be filing a police report on the fraud.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  10. #10

    Default Re: Being Held Liable for Spouse's Debt

    Ok I see where you are going with that, but how is this automatically put on my account? Also, did they have the right to try and charge my credit card even after I had told them I was not paying my parents account?

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