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You can speak to anyone in any state about a debt. The only laws concern debt collections hired by companies to collect debts. There are specific laws about time of day, calling a persons employer, and number of calls.
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Are there state restrictions regarding talking to a spouse when a debt is concerned?
Yes. Minnesota, Iowa, and New Hampshire are spousal restriction states. A debt collector calls your house, and your spouse answers, they cannot discuss the account with your spouse, even if they claim they are your spouse. The reason is because anyone can claim to be your spouse.
Are you responsible for your spouse's debts?
yes * Only if the couple reside in a community property state and the debt is incurred during the marriage. All CP states allow a spouse to use the "innocent spousal" defense concerning marital debts if the spouse was not aware of the debt made or had no control over the matter. Texas and Wisconsin are not "true" community property states when it relates to marital debts solely incurred. In all other states sole debts belong to the spouse who incurred them.
In Michigan is your spouse responsible for debt incurred in your name?
Not for private debt. Just make sure that the spouse is not a co- applicant. The spouse is responsible only if they are co-applicant.
Can a husband be held responsible for the amount owed on a repossesssed vehicle that is solely in the wife's name when she has no job or assets?
The spouse would only be responsible if the married couple live in a community property state. Community property states treat marital debt as joint regardless of which spouse incurred the debt(s); (Texas and Wisconsin attribute marital debt responsibility differently than do the other CP states).
Are you responsible for a credit card debt from dead spouse in North Carolina?
In most cases they will be held responsible. The spouse is considered to have benefited from the debt.
What states are non spousal states for debt collections?
There are at least 5 states where a debt collector is prohibited from speaking to a spouse: Iowa, South Carolina, Massacgysetts, Pennsylvania, and Connecticut. With Iowa there is an exception, however. If the debt collector is initiating contact then they can't speak with them but if the spouse is initiating contact they can.
Non spousal states for debt collection in US?
States where the Spouse is treated as a Third party and a collector cannot disclose the debt if speaking with the Spouse of the Debtor
In the state of Georgia if a spouse receives life insurance benefits is the surviving spouse responsible for the deceased spouse debt if surviving spouse's name is not on any of the debt owed?
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
Is the surviving spouse liable for the deceased spouse's debt if their name is not on the account?
If the couple resided in a community property state it is possible for the surviving spouse to be responsible for debt incurred by a deceased spouse even though he or she was not an account holder. Texas and Wisconsin are not considered "true" CP states as they treat solely incurred marital debt somewhat differently as do the other CP states.
Are there state restrictions regarding talking to a spouse when a debt is concerned?
Yes. Minnesota, Iowa, and New Hampshire are spousal restriction states. A debt collector calls your house, and your spouse answers, they cannot discuss the account with your spouse, even if they claim they are your spouse. The reason is because anyone can claim to be your spouse.
Can we speak to a consumer spouse about debt?
If you and your spouse need to talk to someone about debt, it might be wise to seek out a professional. A financial advisor or consumer credit counselor can help to provide you with information about your situation. They can also offer you support in this area.
Will your spouse have to pay for your debt if you stop paying on it?
If your spouse co-signed the debt, they will have to pay your debt. In most cases, the answer will be no, it is your debt and you are responsible.
Is VA a state that requires the spouse to pay the medical debt of a deceased spouse?
All states require that debt be resolved before an estate is settled. That means the bills have to be paid before anything can be distributed.
Does a spouse have to pay back a loan of a deceased spouse if they are not a joint holder of the loan?
Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.
If you die in Tennessee with credit card debt in your name will your spouse be obligated to repay the debt?
No, Tennessee is not a community property state. Married couples living in non community property states are not responsible for debts incurred solely by either spouse.
Do Common Property Laws apply to debt within a marriage?
The rules that govern debt incurred by one spouse in common law states is much different than the rules in community property states. So the answer is yes. Common law property states govern debts within a marriage as well as property.In a common law property state debts that are incurred by one spouse are not usually the responsibility of the other unless the debt was for something that also benefitted the other spouse or the family.
Are you responsible for your spouse's debts?
yes * Only if the couple reside in a community property state and the debt is incurred during the marriage. All CP states allow a spouse to use the "innocent spousal" defense concerning marital debts if the spouse was not aware of the debt made or had no control over the matter. Texas and Wisconsin are not "true" community property states when it relates to marital debts solely incurred. In all other states sole debts belong to the spouse who incurred them.
