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#1
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| Wisconsin... My ex-wife charged furnature on a department store credit card after we were divorced and has not made a payment in nine months. It is now in the hands of a collection agency and they say I have to pay it. Here is the situation... The "X" applied for and recieved the card before the seperation and divorce. The card as far as I know is in her name. The card was at $0.00 at the time of the divorce. I was issued a card on the account but distroyed it after the divorce because the account was in her name. The letters I am getting from the collection agency are all in her name and my name isn't even mentioned. When I talk to the same gentleman at the collection agency he still tell me I am liable for the bill. He also tells me it will take 3 - 6 months to get a history on the account and he doesn't have to give me a copy of the credit card application. I feel like I am being railroaded. Am I liable for the account?? ------------------ ferche07 |
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#2
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| Wisconsin is a community-property state. This generally means that any debts incurred by one part of a relationship is binding on both. Unless you can argue really well and be able to show that the debts were incurred post-divorce, you will probably get hung with this one since the account was opened while you were still married (mutually liable). Your only hope is to convince them that the charges were made post-divorce and argue that you sent a letter to the creditor telling them to remove your name from the account (you did do that didn't you??). My suggestion: Close all accounts that are in both of your names, or at the very least, send them a "I am no longer resonsible for the debts of" letter and include a copy of your divorce decree. ------------------ Steve Halket Judgment Recovery of Houston JRS.Houston@excite.com ----------------------- This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws! |
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