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Am I liable for credit card debt on someone elses card?

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dblain_62

Junior Member
What is the name of your state?Hi, while I was married, my ex-wife’s parents transferred my credit card debt (which was acquired during the marriage) onto one of their credit cards to give us a break on interest. Well a year later my wife wants to divorce. I kept making the payment to the ex-in-laws credit card during the separation period and divorce since I was told during the separation period that she would pay off the credit card debt when she received a settlement. (An injury received during our marriage in the state of Florida) When she received the settlement, she decided not to pay the debt. Since that was upsetting, I continued to pay on the credit card until half of the debt was paid. Now the ex-in-laws are threatening to sue me since I have stopped making payments. Do they have a valid claim? Should I be held liable? This is happening in California, and the divorce settlement did not include anything regarding the debt on this credit card. Anyone's help is much appreciated.
 


djohnson

Senior Member
What kind of verbal or written agreement to you (and your ex) have with them. You (and they) can prove you have been making the payments. If it is truly half, I think you have a good shot at not paying the rest. They can't go after you without going after her too.
 

Tayla

Member
technically speaking: Since the transfer was done willingly and openly its rare that the card holder can come back and ask for the full funds (**unless an agreement was signed). They exhausted there right to dispute with the credit card company 60 days after the transferr had arosed. If you paid them via cash or check, did you get a receipt?If so what specifically does the receipt notate?. Did they claim this revenue on their taxes? It technically is income...(MY hunch is they didnt)
They will have a hard time proving in the court system (unless you signed an agreement) that you and you alone are ultimately responsible for paying them this supposed debt. Aside from the fact that a transfer was initially done from your account to theirs does not necessarily prove that an agreement was made on how to pay this back.
This post was probably as clear as mud, so hopefully someone else of higher learning can intercede on this advise for you.
 

dblain_62

Junior Member
Relpy

Hi Tayla, Thank you very much for you time in answering. There was only a verbal agreement between my ex-wife between her parents that we would pay off the debit while we where still married. When the seperation and divorce happened, I was very clear with what I said. Which was "I will continue to make payments". I made the payments directly to the credit card. I am unclear wheither or not they claimed the money as income. There was never anything in writing, only verbal commentment to continue the payment which was to my ex-wife. Never her parents. Thank you again for your time and help.
 

Tayla

Member
Your welcome. The burden of proof will lay with the plaintiff (ex-in-laws). If in fact it even enters a court phase.
 

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