• 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.

Help!

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

Lyttletyke

Junior Member
My new husband's divorce papers clearly state that his X was to contact any and all credit card companies, bank accounts.. and refinance with his name SS number taken off of them. Divorced for over 2 years now. He had tried calling them, but that didn't work -- she was going to have to 'refinance' everything in just her name and SS number.

A credit card company called last night, his cell phone, she must have given them his number --- they said that HE was 4 months behind on payments! He told them that in the divorce that she was to take his name off of everything -- they told him that didn't mean anything to them -- HE was responsible and it was going against HIS credit! $7000+ credit card bill! Balance was ZERO when they divorced.

HELP! What can we do? :confused:
 


king sol

Member
He could go back to the court where he was divorced and request the judge issue a contempt charge against the ex, ordering her to correct the situation or be sugjected to further consequences.

Or he could take her to small claims court and provide evidence of the divorce records.
 

Lyttletyke

Junior Member
Great ideas - I will share them with husband when he gets home from work. I was wondering if she could call the cc company and get his name off of it now, or refinance it......or is it too late for that. (trying to think of ways to suggest to her --- threats if you like, but I believe in choices -- some way that she can take care of this without having to do ugly things to the ugly woman...... hate to make my husband look like the 'bad guy' where the kids are concerned --- and if she was served papers.... she would show them to the kids and say... 'LOOK what your Dad is doing' --- sheeesh..... some women give us women a bad name)
 

cmorris

Member
The cc's do not care about divorce decrees. Take her back to court as suggested. Sometimes, the cc will not release someone from a cc; however, w/ a $0 balance at the time of divorce, it could have closed. She is likely in contempt of court. What does she have to say about all of this?
 

Ladynred

Senior Member
While his name is on those accounts and the creditors are NOT bound by the divorce decree, this 7,000 debt was incurred AFTER the divorce was finalized - so she should be totally liable for it. Unfortunately, credit card companies won't 'refinance' credit cards and will NOT remove joint card holders. She would have to close the account and get a NEW one in HER name only.

Since these are only 4 months behind, its totally unlikely anyone will be sued and at this point the account isn't even charged-off yet - they're just turning screws.

Taking her back to family court for contempt would be in order, but that's not going to stop the creditors from harrassing him.

What state are you in ??
 

Lyttletyke

Junior Member
Thanks LadyNred, we are in Indiana.

What does she have to say about this? Nothing. She is acutally not very good at communicating. She gets very angry, defensive. I will have him call his lawyer when he gets off work today. Very distressing though, I am sure that he won't want to 'start' anything in court because of his children (21 and 18)
 

Find the Right Lawyer for Your Legal Issue!

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