Going after spouse...

[magyar123]

As you all know creditors can go after spouses in community property states even if the spouse is not a joint holder (of a credit card), and does not even know that the other applied/and received for a card in his/her name only.
One of my nieces is/was married to an illegal alien who just 3 months ago was deported. While he was here he was able to obtain several credit cards in his name only with a fake SS number (which he bought).
Obvioulsy the credit card companies never verified the legality of that SS #.
While he was still here he made regular minimum monthly payments, but now, since he was deported no payments have been made.
If these companies now go after her citing the community property state crap, what are her chances for using the defense that she didn't know anything about those cards, that she was neither a joint holder or even authorized user, and that the credit card companies failed to verify the legality/authenticity of his SS #???

[shabam]

illegal alien who just 3 months ago was deported. While he was here he was able to obtain several credit cards in his name only with a fake SS number (which he bought).
Obvioulsy the credit card companies never verified the legality of that SS #

I have never read of a situation like that before. If he was here illegally doesn't that mean he was not eligible for the cards in the first place. I think she will have to see a lawyer. Being a community state, I don't know if she can file for divorce and state the debt was his.

Depending on the amount, I am sure the banks will try come after her. They hand out the cash like it grows on trees. Enjoy the profits they make of it. Then when shit hits the fan they go out on a witch hunt and try find a scapegoat.

[magyar123]

Sometime last year there was an article in the paper about how banks in southern California let illegal aliens open bank accounts and also give them credit cards, without actually verifying their legal status. That is how my niece's husband opened a bank account and received a credit card. Obviously he made timely payments, and received more and more offers which he accepted.

[MomIcantFindmy]

I would tell her to try sending verification letters. If the social is not "legally" his she might have that argument.

[magyar123]

Niece never knew anything about him buying a SS #, and didn't know anything about his credit cards. Mail to their home was always delivered after she went to work and he was already home.

[AngelinaCatHub]

As you all know creditors can go after spouses in community property states even if the spouse is not a joint holder (of a credit card), and does not even know that the other applied/and received for a card in his/her name only.
One of my nieces is/was married to an illegal alien who just 3 months ago was deported. While he was here he was able to obtain several credit cards in his name only with a fake SS number (which he bought).
Obvioulsy the credit card companies never verified the legality of that SS #.
While he was still here he made regular minimum monthly payments, but now, since he was deported no payments have been made.
If these companies now go after her citing the community property state crap, what are her chances for using the defense that she didn't know anything about those cards, that she was neither a joint holder or even authorized user, and that the credit card companies failed to verify the legality/authenticity of his SS #???

[Pinkie86]

If he bought the SSN...I would think it would be Identity theft? What if it was someone else's REAL ssn?

Since he did it illegally, I can't imagine them coming after her for it. Especially since she didn't know until he was gone. Make sure she speaks with a lawyer just to cover her bases.

[treehugger1]

Hmm, You say they were married? Did this not grant him a default citizenship in the US, or have laws changed?

The "purchased" SSN sounds fishy, but a marriage in a community property state can assign shared debt to both parties, I suppose.

Sounds as if an attorney is required in this instance.

[BigJohn]

Getting married does not give him default citizenship.

If he was here illegal, I would look to see when they were married. If they were married after 9/11/01 in the USA, I would look to see if the marriage liscense was valid. To marry an alien, the alien has to be in the country legally. That in of itself should invalidate the marriage.

[Pinkie86]

Off Topic...I have ADD forgive me!

BB - whenever I read that quote, "I don't have a degree in law, I have a degree in kicking ass"...it reminds me of Chuck Norris!! lol