fatherof3 Posted April 5, 2008 Report Share Posted April 5, 2008 My DW had a credit card with one bank who sold it to another bank which then sold it to Chase Bank. Now they say that it is a joint account because we live in a community property state. I don't believe it is legal to do that. Anyone else know the law on this or where I might look?Thanks. Link to comment Share on other sites More sharing options...
newbie7069 Posted April 5, 2008 Report Share Posted April 5, 2008 Is this a collection account? Or is it a open CC in good standing?Wasn't sure by your post. Link to comment Share on other sites More sharing options...
LadynRed Posted April 5, 2008 Report Share Posted April 5, 2008 The answer is, no, they cannot do that. Despite the community property laws making the debt the liability of BOTH of you, the account cannot just be made joint if it was an individual account to start with. You may be jointly liable under state law, but the account should only be in your wife's name. Link to comment Share on other sites More sharing options...
fatherof3 Posted April 5, 2008 Author Report Share Posted April 5, 2008 Thats for the confirmation. When they call I will tell them that. Link to comment Share on other sites More sharing options...
TheRoadBack Posted April 5, 2008 Report Share Posted April 5, 2008 The answer is, no, they cannot do that. Despite the community property laws making the debt the liability of BOTH of you, the account cannot just be made joint if it was an individual account to start with. You may be jointly liable under state law, but the account should only be in your wife's name.Ladynred is 100% correct! Link to comment Share on other sites More sharing options...
Feel violated Posted April 5, 2008 Report Share Posted April 5, 2008 I agree that the bank can't legally do it. But evidently that is the position they are taking. And the question is what can you do to stop them if they list it on your CRA's. Chances are the CRA will take the side of the bank, the bank will probably not sue you because they know their position is dubious in court, but they have a club to hang over your head in the hopes you will pay. You can take them to court and maybe win as they stall and stall, but will it pay your attorney bill? Or even set a court precedent that will protect others from future abuse.And can you prove this is all the bank rests the decision on? What do you have in writing and what is hearsay verbal.But in your case, it may be time to see if your State AG is worth anything and since this impacts banking laws, there are any numbers of State and Federal commissions to complain to. Link to comment Share on other sites More sharing options...
fatherof3 Posted April 5, 2008 Author Report Share Posted April 5, 2008 I am thinking about talking to the naca.net folks about this problem. If what I am reading is correct I shoulkd be able to make a bundle off of this company. Link to comment Share on other sites More sharing options...
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