More details to this question:
After divorce 12 years ago, I just found out that I have a joint account still open with the ex who is filing Chapter 7. I was not aware or told about this until my credit recently took a severe hit and I called to ask what happened. This debt was charged by the ex spouse and now I understand that I will be liable for it? What are my options-can I sue later for the debt? Should I pay it or not pay and see what happens, the credit is already ruined, what course of action do I take now? This is so unfair.
6 ANSWERS
Go back to the divorce court and ask that the ex pay the amount you are obligated on due to the failure to take you off the account.
Answered on Jul 29th, 2011 at 8:39 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
if it is a joint account they you can be liable
Answered on Jul 26th, 2011 at 9:06 AM
Glen Edward Ashman
You didn't tell us what your divorce said about joint and separate debts. The answer as to your remedies depends on that language. Regardless, if you allowed the account to stay open, that was your negligence and the creditor can pursue you.
Answered on Jul 26th, 2011 at 7:48 AM
If you signed for the debt you are liable for the debt.
Answered on Jul 25th, 2011 at 3:10 PM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
Who owes debts after a divorce depends on the judgment of divorce. If the divorce was silent both parties are liable for debts incurred before separation. A creditor can collect against someone who is named on the account. As between the parties debts incurred after separation are owed by the person who incurred the debt. This means you can sue your ex-spouse if you end up paying the debt due to collection activities. Whether you should pay or not depends on the circumstances, for instance, are you concerned about negative credit reporting. You should seek the advice of an attorney if you are uncertain of what to do.
Answered on Jul 25th, 2011 at 2:04 PM
Bankruptcy Attorney serving Herndon, VA
at
Maureen O'Malley
Update Your Profile
It is unfair. So is the law, unfortunately. It was wrong of her to use that card, and a consumer lawyer may be able to help. You could try to object with the reporting agencies, but they listen to creditors. You could try to object with the creditor but all they want is their money. You could try to sue her, but it would cost you and you'd probably lose. Bankruptcy will remove this from your record and your liability, and is probably best. Sorry for your troubles.
Answered on Jul 25th, 2011 at 1:25 PM