Can a creditor come after my spouse for my debt?

February 27th, 2006 by Questions

I am a stay-at-home mom with no income and my spouse supports me fully.

I have a debt with GMAC for over mileage on a lease vehicle which I returned in November.

They are looking for their money but I have no income.

My question is that since my husband supports me, can they go after his salary for the payment? The lease was solely in my name.

I am considering filing bankruptcy as I also have a student loan of about $30,000 that is over 10 years old which I cannot pay.

Questions

One Response to “Can a creditor come after my spouse for my debt?”



February 28, 2006 at 2:53 pm, A licensed trustee said:

GMAC has the right to make the case that your spouse has been making all of your debt payments for you and therefore they can reasonably expect your spouse to pay them too. As to whether they would win such a case… Let’s just say it is difficult to do.

If they have suggested or even threatened your spouse with legal action then you should consult with a lawyer (as opposed to sending a question to a free website). If you’re just asking hypothetical questions “in case they threaten” my spouse that’s different.

In regards to your student loans and perhaps filing bankruptcy yourself, that would eliminate the GMAC debt as far as you are concerned, but might not solve the problem for your spouse – only GMAC can decide whether or not they will try and make your spouse pay.

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