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lmorris

Guest
Divorced about 2 years now and in the divorce decree it was ordered that my ex pay certain credit card debts. These debts are in my name, however she had authorization to use the cards. She has not made payments and the creditors are after me. My credit has been ruined and I was informed to pay myself and take her to court.

My question is, what court? The debt is a little over $2000

Is a lawyer needed? How do I start?

Thanks for the help!
LM in Maryland
 


I AM ALWAYS LIABLE

Senior Member
lmorris said:
Divorced about 2 years now and in the divorce decree it was ordered that my ex pay certain credit card debts. These debts are in my name, however she had authorization to use the cards. She has not made payments and the creditors are after me. My credit has been ruined and I was informed to pay myself and take her to court.

My question is, what court? The debt is a little over $2000

Is a lawyer needed? How do I start?

Thanks for the help!
LM in Maryland
My response:

Also, insofar as the Family Law court is concerned, she is violating the Court's Orders, and is therefore in "Contempt of Court" subjecting her to criminal liability; e.g., the court could sentence her to spending time in jail for violating the Court Order.

So, you can file both in Small Claims court, as Lawrat suggested AND file an "Order to Show Cause" in Family court.

In Small Claims, that would take care of the debt question; i.e., the court would order her to pay the debts and you'd obtain a judgment for those amounts. In Family Court, you'd have her answer to the violation of the Court Order, which is a separate matter. Taking her to Small Claims court DOES NOT excuse her from the fact that she violated the Family Court's orders.

IAAL
 

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