Can they report on spouse's CR?

[Anonymous]

I have been lurking and learning since the beginning of this year.  Thank you all so much!!  This information has been life changing.

My husband and I are hoping to raise our scores so we can buy our first home and get a decent interest rate.  I sent out PFD's to every creditor on our reports February 20th-however last week I got antsy as I have not gotten any replies.  I started researching email contacts for the creditors and sent out PFD letters to them as well.  This was last Friday-on Saturday I got a snail mail letter from one of my husband's creditors-Stellar Recovery, an old comcast bill.  It was reported since June 2010 and last reported 11/2010.

Dear Mr." "

"Please be advised that our client has indicated that this account has a current outstanding balance of $243.67.  Stellar Recovery Inc, will notify the credit bureau(s) to delete reporting once good funds for the above amount are received."

UNLESS YOU, THE CONSUMER WITHIN THIRTY DAYS AFTER RECEIPT OF THIS NOTICE DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS DEBT IS VALID.

IF YOU, THE CONSUMER, NOTIFY US IN WRITING WITHIN A THIRTY-DAY PERIOD THAT TH DEBT OR ANY PORTION THEREOF IS DISPUTD, WE WILL OBTAIN VERIFICATION OF TH DEBT OR COPY OF A JUDGEMENT AGAINST YOU, TH CONSUMER, AND A COPY OF SUCH VERIFICATION OR JUDGEMENTS WILL BE MAILED TO YOU BY THIS OFFICE.

UPON YOUR WRITTN REQUEST, WITHIN THE THIRTY-DAY PERIOD, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR.

If you should have any other questions, please contact us "phone number" name gm

This communication is from a debt collector and is an attempt to collect a debt.  Any information obtained will be used for that purpose.  This collection agency is licensed by the Collection Service Board , "address."

However to my shock and horror I received an alert that a NEW collection has been reported on MY EQ today.  Sure enough it was Stellar Recovery for the same amount owed by my husband.  The only thing I can think of is that my email address is registered in my name.  However, I signed the email with my husband's contact information.  Can they assign this debt to me as well?  The comcast account was only in his name.

I was going to pay Stellar today however now I am not sure what to do.  The letter I have only addresses my husband regarding deletion of any credit reporting.  I am afraid if I pay that the collection will remain on my report.  I have no idea what to do-I was so pumped to start paying these off too! 

Thanks so much for any help in advance!  We really appreciate it!

[RobertEG]

My first reaction is no, they cannot since you were not a party to his original contract/agreement with the OC.

Spousal credit reports are separate, and they cant report to your credit file based on his accounts or debt.

They may be relying upon some obscure interpretation of a community property statute to assert your responsibility for the debt, but I dont see it.

I would immediatley DV them and ask for verification that you were a signatory to his account.

I would also consider filing a direct disptue with them under FCRA 623(a)(8), and force them to establish their grounds for asserting any obligation on your part for the debt, or any authority for reporting it to your credit file.

[Anonymous]

Thank you for the response!  That's good news-but will this likely impact the "agreement" they wrote to my husband regarding deletion upon payment?

I am personally handling our finances-should I go ahead and pay them-rather should my "husband" pay them since he has an agreement of sorts.  I would then at the same time start the DV/dispute process.