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Old 01-22-2003, 01:40 PM
steve_iron
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Credit Card Account


What is the name of your state? Ohio
I have been divorced for over two years. When we went through the divorce, we split everything up and went through the annulment. We had a joint credit card and I am listed as the primary borrower and she is listed as a secondary borrower. When we drew up the papers, she is supposed to take responsability for the dept owed on this particular card. The papers clearly list this particular account with the account number. We did not have me removed from the account due to her aggreeing to pay it. Now, the balance is up over $13000 and she is about to file bankruptsy.
The divorce papers clearly state that she is responsible for this account. I am being notified by the credit card company that they are going to put a lean on my house and they are going to garnish my wages.
What do I need to do to protect my house and not to have to pay for the credit card?
Do I sue her for contempt?
If she is filing bankruptsy, then what is there to sue for?

Regards, Steve
  #2  
Old 01-22-2003, 01:47 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Credit Card Account


Quote:
Originally posted by steve_iron
What is the name of your state? Ohio
I have been divorced for over two years. When we went through the divorce, we split everything up and went through the annulment. We had a joint credit card and I am listed as the primary borrower and she is listed as a secondary borrower. When we drew up the papers, she is supposed to take responsability for the dept owed on this particular card. The papers clearly list this particular account with the account number. We did not have me removed from the account due to her aggreeing to pay it. Now, the balance is up over $13000 and she is about to file bankruptsy.
The divorce papers clearly state that she is responsible for this account. I am being notified by the credit card company that they are going to put a lean on my house and they are going to garnish my wages.
What do I need to do to protect my house and not to have to pay for the credit card?
Do I sue her for contempt?
If she is filing bankruptsy, then what is there to sue for?

Regards, Steve

My response:

First, are you divorced, or was your marriage annulled?

Well, it really doesn't matter in terms of the rest of your post. Sure you can file for Contempt of Court, but if she doesn't have the money and is on the verge of filing for BK protection, what's the use?

A Federal bankruptcy "trumps" a State court order, and your marital settlement agreement. So, if she files BK, you're out of luck, and there's nothing you can do to force her to pay.

The debt will be all yours to deal with, unless you decide to file BK yourself.

IAAL
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