QUESTION
Can the courts still hold me liable if in my divorce decree I am to be held harmless of the judgments on my credit that my husband is responsible for?
Asked on Apr 10th, 2014 on Bankruptcy - Idaho
More details to this question:
I went through a divorce in 2010. He is to be responsible. I recently sent a copy of that paperwork to all 3 credit bureaus and all of them deleted those judgments from my credit.
6 ANSWERS
Yes. The courts still consider you liable. However you can always file a motion with your family court judge requesting that the judge enforce your judgment of divorce. If your husband was responsible for the debt he should be paying it and if he is not then the courts have the power to make him do so.
Answered on Apr 15th, 2014 at 9:50 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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Yes. A divorce decree or separation agreement deals with the liability of spouses between themselves. If a creditor extended credit to both of you, it can hold both of you liable regardless of such agreements/ decrees.
Answered on Apr 15th, 2014 at 9:50 PM
Credit card companies are not bound by your Divorce Decree. If you are a signatory on the account, they can go after you. Your recourse is to go back to Court and ask the Judge for an Order requiring your spouse to pay or reimburse you, whichever the case may be, and ask the Court to Order him to pay your Attorney fees and costs.
Answered on Apr 15th, 2014 at 9:50 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes the courts can still hold you liable for the debts if you are on the loan. Your divorce judgment does not effect your liability to the creditors, it only affects who pays the debt.
Answered on Apr 15th, 2014 at 9:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The court can't hold you liable, but the companies that you owe money to can. If they were to collect from you, you would then go after your husband for what you paid. The only good thing is that he cannot discharge his obligation to you in bankruptcy.
Answered on Apr 15th, 2014 at 9:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the courts could still hold you liable for any joint debts which he does not pay, regardless of the fact that they were assigned to him in the divorce decree. Your remedy is to take him back to be held in contempt of the court for failing to comply with the judgment. That does not however provide you with the defense from a creditor who you legally owe.
Answered on Apr 15th, 2014 at 9:50 PM