Responsible for Ex Wifes Credit Card Debt
Author: victoria
Posted: Wed Sep 07, 2005 9:12 pm
Post subject: Responsible for Ex Wifes Credit Card Debt
Wonder if anyone out there has run into this problem. My friend got divorced 3 years ago. He paid off all outstanding credit card debt and the divorce decree said neither party could use the cards in the future. The wife remarried and about a year after the divorce started using one of the old accounts unbeknownst to my friend. Now the ex has filed for bankruptcy and left my friend with $8000 debt. Since the card was in both names the credit card company is holding him responsible. About half of the debt is a result of the ex using "convience checks" for cash advances. These were in her old married name (jointly with my friend). She and the new husband have enjoyed the benefit of the cash and purchases while my friend is left to pay it off. He cannot afford to get bad credit due to the nature of his business. He already had to pay over $400 in late fees and penalties just to keep his credit clean. Anyone out there with any experience like this?
Author: maddybeagle
Posted: Wed Sep 07, 2005 9:43 pm
Post subject: Responsible for Ex Wifes Credit Card Debt
I happened to listen to the dave ramsey show a few weeks back and it sounds like this is a common problem. Your friend is probably out of luck. I think the jist of the situation is that he should have had his name removed and a letter in writing from the credit card company for verification since they dont care and want their money.
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Author: victoria
Posted: Wed Sep 07, 2005 9:47 pm
Post subject: Responsible for Ex Wifes Credit Card Debt
I think you are right. he will have to pay the credit card company and then try to sue his ex for it....but since she filed bankruptcy...what is he going to get? Nada.
Author: Polonius
Posted: Thu Sep 08, 2005 2:30 am
Post subject: Responsible for Ex Wifes Credit Card Debt
See an attorney. If the divorce decree specified that the cards were not to be used by either party, there may be fraud involved in their use. I'm not an attorney, but the divorce decree itself may be evidence that your friend was no longer responsible for any debts incurred on those accounts and the banks might accept that. Your friend, of course, should have cancelled the accounts completely. Too late to berate him for that though!
Also, there's a good chance that I'm completely wrong here. Certainly the divorce doesn't settle the debts incurred before the divorce. But I'm not absolutely sure fresh debts post-divorce prohibited by the divorce decree are still the obligation of the other spouse. Again, check with an attorney.
Posted: Wed Sep 07, 2005 9:12 pm
Post subject: Responsible for Ex Wifes Credit Card Debt
Wonder if anyone out there has run into this problem. My friend got divorced 3 years ago. He paid off all outstanding credit card debt and the divorce decree said neither party could use the cards in the future. The wife remarried and about a year after the divorce started using one of the old accounts unbeknownst to my friend. Now the ex has filed for bankruptcy and left my friend with $8000 debt. Since the card was in both names the credit card company is holding him responsible. About half of the debt is a result of the ex using "convience checks" for cash advances. These were in her old married name (jointly with my friend). She and the new husband have enjoyed the benefit of the cash and purchases while my friend is left to pay it off. He cannot afford to get bad credit due to the nature of his business. He already had to pay over $400 in late fees and penalties just to keep his credit clean. Anyone out there with any experience like this?
Author: maddybeagle
Posted: Wed Sep 07, 2005 9:43 pm
Post subject: Responsible for Ex Wifes Credit Card Debt
I happened to listen to the dave ramsey show a few weeks back and it sounds like this is a common problem. Your friend is probably out of luck. I think the jist of the situation is that he should have had his name removed and a letter in writing from the credit card company for verification since they dont care and want their money.
CardRatings.com is the most comprehensive source for comparing credit card offers. Please visit CardRatings.com to view the best rated credit cards!
Author: victoria
Posted: Wed Sep 07, 2005 9:47 pm
Post subject: Responsible for Ex Wifes Credit Card Debt
I think you are right. he will have to pay the credit card company and then try to sue his ex for it....but since she filed bankruptcy...what is he going to get? Nada.
Author: Polonius
Posted: Thu Sep 08, 2005 2:30 am
Post subject: Responsible for Ex Wifes Credit Card Debt
See an attorney. If the divorce decree specified that the cards were not to be used by either party, there may be fraud involved in their use. I'm not an attorney, but the divorce decree itself may be evidence that your friend was no longer responsible for any debts incurred on those accounts and the banks might accept that. Your friend, of course, should have cancelled the accounts completely. Too late to berate him for that though!
Also, there's a good chance that I'm completely wrong here. Certainly the divorce doesn't settle the debts incurred before the divorce. But I'm not absolutely sure fresh debts post-divorce prohibited by the divorce decree are still the obligation of the other spouse. Again, check with an attorney.
posted by CardRatings.com at 1:21 PM
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