credit card bill,my name only, his in divorce settlement

[kls391]

california. divorce. credit card bill in my name only. ex maxed out account. he got the bill in divorce settlement. is court order binding or can credit company come after me? i sent them copy of court orders.
thanks, kls

 

[jenann]

Hi,
I went through the exact same thing, the credit card company does not care about the divorce papers. If he is out of state, your current state will not go after him, but they will put out an arrest warrant for him. If he is in the same state, go to the courthouse, they should put out a warrant and arrest him if he is going against the divorce papers. Hope this helps...

 

[dorenephilpot]

The court order is between you and your ex. If he fails to follow it, you can ask that he be held in contempt.

However, the credit card company is not a party to the court order/agreement. That agreement is between you and the creditor. Therefore, it can come after you only, despite the existence of the court order, which is not binding on the creditor.

You either can pay it and then go after him or you can fail to pay it and deal w/the consequences.

Sorry. This is probably NOT what you wanted to hear.

 

[I AM ALWAYS LIABLE]

My response:

. . . and, if you think you've got problems now, just wait until your ex-husband files for Bankruptcy. All debts that he agreed to pay will be wiped out from that State court order. And, because California is a Community Property State, all those creditors will be coming after you.

Then, if you take him back to State court on an "Order to Show Cause", all he'll have to do is waive that Bankruptcy judgment in front of the judge. There's nothing that the State court judge can do to help you. Federal Bankruptcy always "trumps" a State court Order.

IAAL

 

[Anne Guarente]

Contempt of Court Question

My question is along those same lines as yours, in the divorce decree His X wife was given a car and all payments. This is on his credit only. 4 years ago, she let the car get repossesed to get him back for divorcing her. He didnt want his credit ruined so he has been paying it for 3 1/2 years. Is there a statue of limitations in colorado? And can he sue her for contempt of court and get this money back since she was awarded the car and all expenses??? Plz help?

 

[kls391]

thanks for your comment. hope all goes well for you and you get some good advice. sorry, i have no answers, but i'll be praying.kls

 

[I AM ALWAYS LIABLE]

thanks for your comment. hope all goes well for you and you get some good advice. sorry, i have no answers, but i'll be praying.kls

My response:

Your prayers have been answered. Anne asked this question in her own thread, and I responded to her.

And, best of fortune to you also.

IAAL