it is the responsibility of the person taking on the debt. I believe, you would have to file a motion to show cause in order to bring the person to court to show why they have failed to remove your name. The company financing the debt issued the credit in both names, they do not have to “remove” one name even if one person is deemed the responsible party. IE… Visa card is issued to John and Jane Doe. John and Jane seperate… Jane, in the divorce decree, is ordered to accept the debt. Jane has to talk to the lender and either take John’s name off or refinance in her name alone. If Jane fails to do so, John’s credit will reflect the debt. John cannot remove his own name because in order to do that new financing papers must be drawn up with only Jane’s credit, which could effect intrest rates. If the debt is not honored while John’s name is still on the account, He could be sued directly to collect. Hope this helps
Yes, thank you.
It is the Defendant’s responsiblity to take care of the debt as indicated in the court order. If he fails to do so, you would try to enforce the order via a motion and order to show cause.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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If an AD Judgement has been finalized and executed by the court, stating that the Defendant must ‘remove’ and take on sole responsibilty of a specific credit card and its outstanding balance.
Is that the responsiblity of the Defendant to ensure that the Plaintiff is removed (either by paying off or applying for alternate individual credit account to transfer the old balance to and close out the old account, or whatever other means); or is it up to the financial institution holding the credit account by way of receipt of the Judgement of Divorce to remove the Plaintiff from the account and liablility?
And IF the Plaintiff is not removed, do a motion to find the Defendant in contempt of court filed or is the next step to obtain counsel to petition the financial institution and force with the court the financial institution to remove the Plaintiff and make the account individual with the Defedant only on the account?