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Creditors use lawsuits as a last resort, but Capital One is a creditor that uses aggressive collection procedures and does sue the debtor when there are no other options available. If the married couple live in a community property state, both spouses can usually be held responsible for the debt regardless of which one is the actual account holder. If the married couple do not live in a community property state, only the account holder is responsible for the debt and is the one who would be sued. In states that are not deemed Tenancy By The Entirety, marital assets such as bank accounts can be subject to creditor attachment by a lawsuit judgment.

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19y ago

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ask an asian.


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