My ex is ruining my credit what can I do?

[chatkat]

What is the name of your state? Texas

I was divorced in 1999, in the divorce decree there are credit cards listed with the balance at the time of the divorce and who would be responsible for each card. I paid off and or closed everything that I was responsible for in order to get my ex's name off of everything. I know that the accounts he was left responsible for were paid in full in April of 2000 (about 8 months after the divorce was final) In Oct 2002 (two and half years after the accounts were paid in full) I get a call from a credit card company stating that the card is over $400.00 over the limit, and over 30 days delinquent. They refuse to take my name off the account and stop reporting to my credit report, stating that I'm a joint owner. Even though I can show proof that the card was paid in full after the divorce and I no longer had anything to do with the account. Now, I have creditors closing my accounts and raising my once very low rates to very high rates because of that one card that I don't have anything to do with. When I found out about the card being open, I closed it but by then it was too late. What can I do to force my ex to pay this debt ASAP and can I make him pay me damages for the increased interest I'm being charged? I don't know if this is a small claims matter, or a divorce court matter or what?

Thanks

[JETX]

You're not going to like this but......

The divorce order does NOT relieve you of your original contractual obligation on the debts. It only specifies as to who is responsible for the payment of them. Therefore, your name is still on the accounts and you are still liable for the debt. The problem is, the accounts were paid off (as decreed in the divorce), but you apparently never took the extra step of closing the accounts in writing. That allowed the 'other' account holder to then charge more purchases (presumably) and build up another balance.

Your only real option at this point is to pay the accounts off in full and notify the creditor to close the accounts and release you from any further obligation on it. Once the creditor confirms your release, then you would no longer be responsible for additional activity on the account. Then, you can either file a new lawsuit against the 'ex' to recover your damages (the amount you paid on his behalf) or can return to the original court and try to force him to reimburse you (with the threat of contempt).

[chatkat]

Thanks Jetx but unfortunately I don't have $7000.00 to pay off his debt. It looks like I'm going to have really bad credit for the rest of my life. I have worked so hard to get it to a really good standing and he has taken years away from me. I guess you can now understand why he is my ex.... lol

[mrmagoo]

jetx is definitely correct. My ex-wife and I had a separation agreement stating responsibility of debts prior to our divorce
(i assumed all debts). what I did was sent a certified letter to all creditors along with a copy of the agreement stating that a divorce pending and to 1) remove her priviliges from account regarding purchases or any new charges, 2) that I would assume full responsibility for the accounts even though she was still listed on it and 3) to close the account after payment in full.

chatkat, you're right in that you credit will be ruined for a while, it took me several years to recover from my ex's actions. My troubles get better as she (my ex-wife) commited identity theft against (credit cards, signature and mortgage loans, telephone service, etc). It took 5 years of letters, documents, faxes, police reports, lots of money, time and anguish. Despite all the crimes she committed all she got was probation, go figure right? The courts took their time in arresting and prosecuting her.

Let me know if you would like more information or advice offline, I would be more than happy to help others affected like me. take care and good luck.

[wert]

For what it's worth, you are rid of the spouse, now you have to get rid of the baggage-and it will take time.
You "won't have bad credit for the rest of your life". The worse case is bad credit for a couple of years and then it will slowly get better over time and then completely gone in seven years.
Good luck.