Collections In Wrong Name

I have a student loan that I am currently unable to pay, my wife has been sent to collections over it, her name is on the collections report not mine. She never signed the loan in any capacity. It will hit her credit report. 1) what is the legality behind this 2) how do we fix it?

Thank you,
Brian

Reply from DebtCollectionAnswers.com:

Brian,

It sounds like a very odd situation, and potentially illegal. If you live in a community property state Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin then your spouse may be responsible for debts incurred during your marriage. However, even in that situation, it's very unusual for a collector to go after the spouse and not the primary borrower.

We would recommend you talk with a consumer law attorney to get advice on this one. You should be able to get a free consultation to find out if what the collector is doing is legal or not.

Please let us know what happens!

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