How best to handle CC debt of ex-husband ?

[Sp3nc3r]

What is the name of your state?Missouri
My girlfriend received a call 6/17/05 from a credit union. A cc that her EXhusband was responsible for (per the divorce decree three years ago) is now overdue with a balance of $8000 (min monthly payment of $470). My girlfriend is listed as co-signer on the account.

She was told that they are prepared to file suit against her immediately to garnish her wages and that they would come after her because she makes more money.

What are her options? What can she do to protect herself? BTW, her ex has no assets and wouldn't return her call until she contacted his mother (nice huh). He called yesterday to say that "everything is fine and she'll never have to worry about this again!" cause he has an appt with a credit counselor (partnered with the credit union) for next week.

Of course it is obvious to us that is not even close to a sol'n.

If she pays off the debt (not sure how just yet), what recourse does she have to garnish his wages? Any advice is very much appreciated.

[JETX]

Originally Posted by Sp3nc3r

My girlfriend received a call 6/17/05 from a credit union. A cc that her EXhusband was responsible for (per the divorce decree three years ago) is now overdue with a balance of $8000 (min monthly payment of $470). My girlfriend is listed as co-signer on the account.

The divorce decree has absolutely nothing to do with her continued obligation for the debt.

She was told that they are prepared to file suit against her immediately to garnish her wages and that they would come after her because she makes more money.

The actual process is not that simple. They will have to file a lawsuit against her and get a judgment before they can take the steps of garnishment.

What are her options?

Her 'options' are to pay the debt and sue her ex for it, or to be prepared for a judgment against her if they file.

What can she do to protect herself?

She can't. Her agreement (co-signing) to repay if he fails remains and is not affected by the divorce order.

If she pays off the debt (not sure how just yet), what recourse does she have to garnish his wages?

She will then have to file a lawsuit against him (using the divorce order as proof of his obligation and her 'release'), then she will be have the remedies available to any other judgment creditor.

[Ladynred]

One question : IS she a CO-SIGNER on this account, or is she just an AUTHORIZED USER ?? It makes a difference so she needs to be 100% clear on that. If she signed the application along with the EX, then she's stuck.

[JETX]

Originally Posted by Ladynred

One question : IS she a CO-SIGNER on this account, or is she just an AUTHORIZED USER ?? It makes a difference so she needs to be 100% clear on that. If she signed the application along with the EX, then she's stuck.

Already answered in teh ORIGINAL post: 'My girlfriend is listed as co-signer on the account."

[Ladynred]

Maybe.. maybe not. Many people don't know the difference, so its always wise to double-check