Credit Card debit

[basylica]

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

I hadn't checked my credit report because I KNEW this would be the case and I knew i'd be pissed. Sometimes it's just not a good idea to add more stress to your life
I signed up for a credit service and plan on a full report (soon as I have my CC handy!) but it shows my house and car debts, along with 2 credit cards.
one says "discover" with a balance of 0, and the other simply says "credit card" with a balance of almost 2K. it also shows no payment has been made in some time.

When we divorced we had 3 cards. I was give one to pay off (which I did, in full....about 4+ years ago and closed the acct) and the other two my ex was told to remove me and deal with them.
He was actually primary on all 3 cards, and I was additional cardholder. not technically ON the accts - Ie, they wouldn't speak to me even when trying to solicit payments.
One was a discover card which he had prior to marriage, and I honestly can't recall what the other two cards were exactally (I have paperwork in car, not infront of me) but I assume the "credit card" was one of them.

So obviously he has not removed me, still has the debts, still has the accts open which are negatively affecting MY credit (duh)
I don't think my ex will address and i'm in no mood for verbal abuse.

I'm going to get the information from my divorce docs and run a full credit report. What is the next step? do I NEED the ex? or do I call credit card companies and demand they remove me and proffer the divorce decree?
I'm taking ex back to court over kid issues...should this be addressed in court at all?

Thanks so much!

 

[Zigner]

The credit issuers are not a party to your divorce. That means that they have no legal obligation to remove you because of anything that is in your divorce decree.

You will need to take the ex back to court on a contempt motion.

Depending on how long ago the divorce took place, you may have a problem with having him found in contempt because you sat on it for so long.

 

[basylica]

The credit issuers are not a party to your divorce. That means that they have no legal obligation to remove you because of anything that is in your divorce decree.

You will need to take the ex back to court on a contempt motion.

Depending on how long ago the divorce took place, you may have a problem with having him found in contempt because you sat on it for so long.

I don't care about the contempt persay, just want to fix the credit situation. Are you saying I have to pay it off now?

 

[CSO286]

I don't care about the contempt persay, just want to fix the credit situation. Are you saying I have to pay it off now?

Yes, if you want to repair your credit. And you would have to file a contmept motion in order to try and get your money back from the ex.

 

[basylica]

Yes, if you want to repair your credit. And you would have to file a contmept motion in order to try and get your money back from the ex.

The sad part is I was never on the actual acct, I was an "additional card" type deal. I know that impacts your credit regardless, however I couldn't call them and speak to a rep even when we were married. Because I wasn't authorized.

 

[Zigner]

You can ask that the item be removed from your report once you pay it. However, there is no legal basis for an accurate item to be removed.

 

[basylica]

How long is "too long" do you think? I know it'll vary based on the judge anyway....

We got divorced offically in err....Nov 09....so just a bit over 3 years now.

 

[Zigner]

How long is "too long" do you think? I know it'll vary based on the judge anyway....

We got divorced offically in err....Nov 09....so just a bit over 3 years now.

What if your ex actually DID what he was supposed to in, say, Jan of 2010. Now, you try to bring a contempt action against him. The problem is that your delay may cause him to be unable to properly defend himself. Research laches.

Now, I'm not saying it's a VALID assertion, just that it's a POSSIBLE assertion.

 

[basylica]

I can see how that defense might work if it was just paying off debt. But he was ordered to remove me...so you'd think the extra time allotted would work in my favor. Such as "I removed her in jan but she sued me for contempt in feb and the credit reporting just isn't showing update"

or "I tried to pay it off, but I can't pay it off in under 6m....I am making an effort"

it's been THREE years, which means he had ample time to pay off debt and close the cards, or at very least remove me from joint cards and have credit agencies report accurately.

it's not like he paid off 100% debt in jan 10 and ran up new debt. it's a matter of the cards and debt being on my name.
what is odd is thinking on it now, I never had a discover card. he had card prior to our marriage and I never had a card to use, nor was I joint. Only thing I can surmise is somehow they added me at his request at some point (perhaps he asked for credit increase or something?)

 

[Zigner]

it's been THREE years, which means he had ample time to...or at very least remove me from joint cards and have credit agencies report accurately.

From the "Devil's Advocate" point of view...

Perhaps he DID request that you be removed and was told that you HAD BEEN removed? Now, 3 years later, he's finding out that you weren't removed. How could he be found in contempt?

 

[Bali Hai]

From the "Devil's Advocate" point of view...

Perhaps he DID request that you be removed and was told that you HAD BEEN removed? Now, 3 years later, he's finding out that you weren't removed. How could he be found in contempt?

He didn't follow up and ensure that his request was executed and the judge simply doesn't like him.

 

[swalsh411]

What "service" did you sign up for? Most of them are a ripoff and don't do anything for you that you can't do yourself. You can get a free credit report (one from each bureau once per year) at annualcreditreport.com. If you want to see your score you can go to creditkarma.com which is completely free.

 

[basylica]

He didn't follow up and ensure that his request was executed and the judge simply doesn't like him.

I wish that was the case. He took off with the kids and had every intent of keeping them from me until temp orders, had ransacked house with parents help, and drained the bank acct 1 day after I was paid (I made double what he did) and left me with 2mths bills pending, and turned off electric and water on a friday eve.
judge didn't say squat

He physically attacked me several times after seperation, twice infront of the kids, the last occasion the dectective called me back when I said I wanted to press charges and said "well, maybe next time he'll hit you in the face. besides...you really should call us BEFORE he hits you"
gee, thanks.

Court said I couldn't file a TRO because "you are still mid-divorce"
WTH?

Went to mediation and since he filed divorce he was supposed to drop off agreement and have judge rubber stamp. Per temp orders he was to pay half daycare and no support, after mediation he was supposed to pay 500/mth in support and no daycare. So he didn't file and didn't pay a dime for 9m until I dragged him back to court.
He shows up with a check for 75% of the childsupport and judge just slid check across desk to my lawyer. didn't even say "bad boy" to my ex.

Now I'm taking him back for a variety of cleanup issues involving insurance/custody/house etc.
He's refused to pay a dime of medical. He's pocketed checks the insurance company paid him directly while not paying anything on medical (meaning he profited and I paid 100% for medical)
he hasn't cleaned up credit stuff
He's flat out refused to give me current ins info on a number of occasions (such as i've NEVER had vision insurance info....after 5yrs of asking for it)
I received truancy letter in early dec because he keeps dropping kids off late at school....

I posted about this in the custody thread, but at this point I'm worried that once again he'll get away with it. It's my hope that he'll get his wrist slapped by judge because he acts like he's above the law and can do whatever he wants. He isn't all that bright and its ALWAYS ALWAYS someone else's fault. Its my fault he cashed ins payments and didn't pay...it's my fault I don't have current info, it's my fault the CC cards are still in my name....
It's my fault he still lives with his parents (eventho he lived there til he was 24 before moving in with me, moved back in with his parents 5 years ago and has no plans to leave I suspect) it's my fualt he still drives a crappy car....
as my mom says "that and global warming!"

I am not holding my breath that the court will even say "you shouldn't do this Mr X" but I sure would like them to!