• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Contacted by Collectors but Not on Judgment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Monarch

Junior Member
What is the name of your state (only U.S. law)? Florida

AmEx won a suit and received a judgment against my ex. He is the lone party they opted to sue.

I was an authorized user on the cards. I never used them. I activated one seven years ago at his insistence only (it was five years ago at the time of the lawsuit), and never used it either.

He is, however, judgment-proof. And although I am not listed on the judgment, the collection agencies AmEx has retained are coming after me. These debts are also listed on my credit report.

Can I make the collection agencies stop calling me since I am not listed on the judgment?
Can I get removed completely as any sort of co-debtor to these accounts?
Can they add me to the judgment and try to get a lien on my home or garnish my wages?
Is there a way to purge this listing from my credit report?

Thank you for any information you are able to offer.
 
Last edited:


Monarch

Junior Member
I called the collection agency yesterday and gave them my ex's information and asked that they contact him. I also emailed my ex and requested that he take care of the change of contact information, and informed him what I had done. Last night they were still calling my home phone number.

My understanding may be flawed, although I hope it is not. An attorney I spoke to on this matter said that as I hadn't ever used the cards and was merely an authorized user rather than a co-signer, that I was not liable for the debt. The fact that AmEx opted to sue only my ex seems to bear that out.

However, the collection companies don't appear to either agree with that, or they don't care. I'm not sure which it is.

I'm sure this doesn't have any bearing on this matter, but I took fully 75% of the debt load in the divorce, so I'm NOT trying to get out of paying any sort of marital debt, even though all was generated by my ex. It's just that since this debt appears to be his and his alone, it would be really helpful if they'd stop contacting me.

I am extremely frustrated. I'm fulfilling all my financial obligations and I cannot afford to take on this one as well.

My questions from yesterday remain the same and are posted above.

Thank you for any assistance you are able to offer.
 

Tayla

Member
and when your attorney suggested either of the following:
1: Send a request letter to the debt collector for validation of debt
and/or
2: Send a cease and desist letter
What was your response? Did your attorney make any suggestions/advice towards clearing this matter up?
 

Monarch

Junior Member
and when your attorney suggested either of the following:
1: Send a request letter to the debt collector for validation of debt
and/or
2: Send a cease and desist letter
What was your response? Did your attorney make any suggestions/advice towards clearing this matter up?
My attorney suggested neither of those things, hence I had no response.

His advice was that since in his view my ex was the sole responsible party for the debt that I shouldn't contact them. That, however, was two years ago.

Ergo, my questions to this forum.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top