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Sue for removing name from credit report

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Pinto

Member
What is the name of your state? Oregon
Nine years ago my then wife forged my name to an application for a credit card. I was not aware of this until it came out in our divorce. I paid her a large sum of money,much of which the judge ruled that she had to use to pay off all outstanding debts. I thought that would be the end of it and I made sure that all of the accounts that had my name on it were closed,including the credit card in question.
Since then she has never paid off this bill which started out over $6000. She has made periodic payments,most were late,and now has it down to a little over $3000. This bad credit history is in my name and I can't get the cardholder to take my name off even though my ex has been making all payments.
Does anyone have any suggestions on how I can get my name off,short of paying it off myself. My credit rating will still be damaged as this will continue to show up as a "delinquent payer".
My main question is : Can I file a small claims court case to make her pay this off ? Or do I have to pay it off and then sue her for that amount plus costs?
I am likely to win as I have the decree where the judge ordered her to pay off the debts and I have a copy of the forged credit card application,and the fact that she is the only one that has been making payments on this,signifying it's her responsibility.
Thanks,
Pinto
 


JETX

Senior Member
Pinto said:
This bad credit history is in my name and I can't get the cardholder to take my name off even though my ex has been making all payments.
As long as you were a co-applicant (and a co-owner) of the debt, there is NO obligation for the creditor to remove your name or obligation. Your family court order does NOT alter your obligation.

Does anyone have any suggestions on how I can get my name off,short of paying it off myself.
Simple answer.... you can't. Your ONLY remedy is to pay it yourself (assuming it is still a valid debt, SOL has not expired) and then pursue a claim against your ex for your 'damages'.... the amount you had to pay on her behalf.

Can I file a small claims court case to make her pay this off ? Or do I have to pay it off and then sue her for that amount plus costs?[/quote]
You have to pay then sue.
Your only other option is to file a 'show cause' with the original family court and bring her in to explain why she has not complied with that courts order.
 

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