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Are Any Debts Chargeable To The Other Spouse?

The situation most frequently arises where, after separation but before divorce, the wife runs up debts in her own name (not on the husband's credit card).

The wife then can't pay the debts, and the creditors want to collect from the husband.

In Illinois, the creditors are out of luck. Having relied on the wife's credit in making the loan or supplying the goods, they may not go after the husband, even though the divorce is not final.

However, the court is entitled to take account of debts incurred for necessities like food, clothing and shelter in making its decision about property division.

Other Illinois Collections-Creditors Rights FAQs

Q: What Are The First Steps Creditors Take To Get Consumers To Pay?
A: Most creditors will write or call to try to collect a past due debt. Sometimes the calls or letters rise to the level of harassment. For example, a creditor might call … More
Q: Can a creditor give a debtor bad credit?
A: In many cases, the creditor will give a bad credit rating by reporting a late payment or failure to pay to a credit reporting agency. A bad credit rating may affect … More
Q: What About Refinancing?
A: A creditor or a finance company may try to "refinance" the debt. Refinancing involves replacing one or more of the debts with a new one. It is often offered as a way … More
Q: What Is A Garnishment Proceeding?
A: A garnishment proceeding is usually against a bank, which holds your account to turn over to the creditor money in the account.

Collections-Creditors Rights Sub-categories

Chex Systems
Collections
Creditor Remedies in Bankruptcy
Debt Collections
Enforcement of Judgments
Fair Credit Reporting Act
Fair Debt Collection Practices Act

Identity Theft
Judicial Remedies
Mortgage Foreclosure
Non-Judicial Remedies
Secured Transactions
Types of Creditors