Summoned to Court Over Credit Card Debt

[Betty3]

Okay, so call the original creditor, Capital One and NOT the collection attorney then?

If the summons was from a collection agency (not original creditor), I would call them/their lawyer. If they are willing to accept a reduced amt. and/or payment plan, be sure to get the agreement in writing.

[junker]

Illinois is NOT a community property state.

[threecs]

Illinois is NOT a community property state.

Thank you so much!

[Betty3]

Illinois is NOT a community property state.

I assume this is in reference to ashman165's post (post #10) re community debt & garnishing husband's wages.

In states that *are* community property states, both spouses are responsible for the debts of the other incurred during the marriage. (considered jt. debts)

In a *non community* property state such as Illinois, they will go after the debtor's assets & jt. assets (any assets that also has debtor's name on them - ie bank acct.) if they get a judgment. However (& there is always a however in life), some *non-community* property states recognize the "doctrine of necessaries" which can make each spouse responsible for the other spouse's debts. In states that recognize the doctrine, it usually always makes both spouses responsible for medical debts of either spouse incurred during the marriage. In some states, it is also applied to credit cards if the cards were used for necessaries for both spouses ("family necessaries/expenses"). My most recent info/reference indicates the doctrine is still recognized in Illinois. So it's possible the husband will also be responsible for this debt.

[ashman165]

I assume this is in reference to ashman165's post (post #10) re community debt & garnishing husband's wages.

In states that *are* community property states, both spouses are responsible for the debts of the other incurred during the marriage. (considered jt. debts)

In a *non community* property state such as Illinois, they will go after the debtor's assets & jt. assets (any assets that also has debtor's name on them - ie bank acct.) if they get a judgment. However (& there is always a however in life), some *non-community* property states recognize the "doctrine of necessaries" which can make each spouse responsible for the other spouse's debts. In states that recognize the doctrine, it usually always makes both spouses responsible for medical debts of either spouse incurred during the marriage. In some states, it is also applied to credit cards if the cards were used for necessaries for both spouses ("family necessaries/expenses"). My most recent info/reference indicates the doctrine is still recognized in Illinois. So it's possible the husband will also be responsible for this debt.

Thank you, Betty, for noticing that I didn't say the state is a community property state. I was quite specific about the debt itself and not the general laws of the state with respect to marital property - namely that debt itself could be shared between the spouses based on its nature.

[Betty3]

Thank you, Betty, for noticing that I didn't say the state is a community property state. I was quite specific about the debt itself and not the general laws of the state with respect to marital property - namely that debt itself could be shared between the spouses based on its nature.

You're welcome. I did notice you said community debt & not community property state. I posted my post because of junker's post noting Il. was not a community property state. I didn't want OP to think a spouse could never be responsible for another spouse's debt except in a community property state.