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Can I Be Sued for My Husband’s Debts? – Linda

My husband and I have legally been seperated for three years; May of 2010 my husband rented a tool from home depot in my name, yet he signed for it. Home depot has been harassing me for payment, I explained to them I never rented such a tool. I requested that they review the video of the transaction so I could prove that I was not present during the transaction. The manager stated that he and his staff reviewed the video and some young lady presented them with my identification. I requested that he meet with me to determine if I am the young lady on the video, he finally agreed to meet with me, but is not willing to show me the video.

Steve, I don’t beleieve that anyone showed them any identification. I think that my husband gave them an adress and my information came up in their system. The manager doesn’t want to admit that there is an error on their part.

Can I sue home depot for harrassment? Am I entitled to see the video? Can they sue me for something that my husband signed for although he and I have been legally seperated for three years? What should I do?

Linda




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Sincerly,
Steve

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Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

4 Comments

  • Hello Linda,

    How much was the bill for the tool rental? What does your husband say about this and does he plan on taking care of it? I am not an attorney but it sounds to me like you would have a case against your husband if he is using your name to rent or purchase items without your permission. If we are only talking about a few hundred dollars, it isn’t going to make much sense to get an attorney involved.

  • Hello Linda,

    How much was the bill for the tool rental? What does your husband say about this and does he plan on taking care of it? I am not an attorney but it sounds to me like you would have a case against your husband if he is using your name to rent or purchase items without your permission. If we are only talking about a few hundred dollars, it isn’t going to make much sense to get an attorney involved.

  • It depends on the laws of your state. If you live in a community property state, then most likely, they can come after you for the debt. I’m not completely sure, how legal separation differs from divorce in your state. Unless you can show that this debt is his own sole and separate debt, you will probably get stuck with the bill because your name is on the contract.

    As for harassment, is Home Depot calling you at work or at all hours? Review the debt collection acts to determine whether their actions constitute harassment. As they are attempting to collect on a debt, probably not. And the video, it is their property, they don’t have to show it to you unless compelled by court order.

    I would suggest getting an attorney involved to get to the bottom of this matter, someone is not being completely straight with you.

  • It depends on the laws of your state. If you live in a community property state, then most likely, they can come after you for the debt. I’m not completely sure, how legal separation differs from divorce in your state. Unless you can show that this debt is his own sole and separate debt, you will probably get stuck with the bill because your name is on the contract.

    As for harassment, is Home Depot calling you at work or at all hours? Review the debt collection acts to determine whether their actions constitute harassment. As they are attempting to collect on a debt, probably not. And the video, it is their property, they don’t have to show it to you unless compelled by court order.

    I would suggest getting an attorney involved to get to the bottom of this matter, someone is not being completely straight with you.

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