QUESTION
How do I fight a lawsuit for a credit card debt given to my ex in our divorce?
Asked on Nov 13th, 2013 on Breach of Contract - Texas
More details to this question:
My ex ensured that everything was in my name and while we were married he ran up the credit card. The district judge signed the debt of this and some other bills over to my ex and my ex signed the divorce decree. Now the credit card company is suing me. I need to know if there is a case law I can use to fight this suit or how to enforce the payment by my ex.
1 ANSWER
If Texas law is the same as in the states where I practice, and I think it would be in this area, the divorce decision only decided issues between your ex and you, it didn't change your obligations to the credit card company. If you were liable to pay the credit card bills before the divorce (that is, assuming you didn't have a defense, such as if your ex had forged your name), you are still liable to the credit card company after. However, you can bring your ex into the lawsuit the credit card company has brought, and sue him to make the payment. However, if he cannot do so because he's broke, you would still have to pay the credit card company.
Answered on Nov 14th, 2013 at 10:47 AM