TN Divorce agreement

[Shajen]

What is the name of your state (only U.S. law)? Tennessee

I have been divorced for over 5 years now and we had a no-contest divorce agreement at the time. She agreed to pay certain credit cards and I agreed to pay certain credit cards. It was split down the middle, with no disagreements between us on that front.

Here we are five years later and I have paid off my debt completely, thanks to a consolidation loan program. She told me that she also got one of these consolidation programs for herself. I was excited to finally get this all squared away.

Turns out she lied about the consolidation loan and got those credit cards directed to her new home's mailing address, even going so far as to tell them that I lived there. Since the credit cards must remain in my name (per CC company rules), she just told them I lived at her address. So for 5 years, she has not been paying anything on these cards, going against our divorce agreement and essentially destroying my credit. This was all unknown to me because I, foolishly, believed her.

So my questions are: Do I have any type of case against her in going against the divorce agreement (written up and notarized by a lawyer)? Do I have a case against her for essentially assuming my identity and not telling me? Is there a possibility I can get my financial reputation straightened out soon, since none of the delinquencies are my fault?

Thanks for any and all advice. I'm prepared to hire a lawyer soon, but I just want to know how I should approach this.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Tennessee

I have been divorced for over 5 years now and we had a no-contest divorce agreement at the time. She agreed to pay certain credit cards and I agreed to pay certain credit cards. It was split down the middle, with no disagreements between us on that front.

Here we are five years later and I have paid off my debt completely, thanks to a consolidation loan program. She told me that she also got one of these consolidation programs for herself. I was excited to finally get this all squared away.

Turns out she lied about the consolidation loan and got those credit cards directed to her new home's mailing address, even going so far as to tell them that I lived there. Since the credit cards must remain in my name (per CC company rules), she just told them I lived at her address. So for 5 years, she has not been paying anything on these cards, going against our divorce agreement and essentially destroying my credit. This was all unknown to me because I, foolishly, believed her.

So my questions are: Do I have any type of case against her in going against the divorce agreement (written up and notarized by a lawyer)? Do I have a case against her for essentially assuming my identity and not telling me? Is there a possibility I can get my financial reputation straightened out soon, since none of the delinquencies are my fault?

Thanks for any and all advice. I'm prepared to hire a lawyer soon, but I just want to know how I should approach this.

You can file for contempt. The judge will order her to pay the debt plus any interest that has accrued.

You COULD sue for damage to your credit rating, but that's an uphill battle. Just how do you propose putting a dollar value on the damage to your credit rating? It's very difficult, if not impossible. Rather, have the court order her to pay off the debt immediately, then contact the credit card company to explain the situation. While they don't have to remove the black mark on your credit, they may attach a note to the credit record which explains the situation. But you can't FORCE the credit card company to clear your record. They had an arrangement with you and you failed to fulfill it (sure, it was someone else's responsibility, but the credit card company is not party to that and you should have been watching.

Can you go after her for identify theft? You'd have to be more specific about exactly what she did. Did she simply send in a change of address card? Did she sign a document with your name? Or did she simply not tell the credit card company that you have moved out? The answer may depend on exactly what actions she took. In addition to discussing it with your attorney, you might want to talk with your DA about it since identity theft is a criminal action.