Resolving Debt


#1

Unfortunately, yes the credit card company can do this. You agreed to pay the debt to them when you signed up for the card, if your ex husband does not pay you can take him to court to enforce the order, but the credit card company will pursue you until the debt is paid.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thank you for the prompt response.

May I ask, am I responsible for the debt and interest on any debt incurred after the date of divorce? Or am I responsbile for all debt regardless of divorce?


#3

Since you have a judgement from the courts you can get sue your ex to get the money back. Basically, the credit card companies do not care where the money comes from as long as they get it. If they are not able to contact him for the debt they will contact you. You are responsible for any debt with your name on it.
Have you closed the account? It sounds as though you were giving your ex a chance to set things straight but from the result it does not look like you have many options.
You should close the account…you can always get a new one in your name alone. You should keep records of any payments made and look towards taking him to small claims court for repayment to you…


#4

There are two answers to your question and they are in conflict. Based on the laws regarding equitable distribution the debt he accumulates after the date of separation are his separate debts and you are not responsible for them.

However, if he is making charges on a joint credit card the credit company will still hold you responsible.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

I was divorced in NC in 2007, the Judgment signed by the Judge states that I was to be removed from the one joint credit card that we had, my ex-husband was the primary owner of the card. AND that my ex-husband would assume sole responsibility of the account and any future debt related to the card effective with the date of the divorce Judgment.

I sent a copy of the Judgment along with a letter to the credit card company and received a letter back stating that in effect they were not obligated to abide by the Judgment, that their cardholder agreement supercedes any court order.

They said my ex-husband would have to apply for an individual account to transfer the existing balance to, and payoff and close out the card for me to not have any liability.

My ex-husband was not working and had very little money coming in, so that solution more than likely would not work as he would be turned down on his individual credit application.

My question is, can the credit card company do this? At the very minimum, I should not have to be responsible for any debt incurred after the divorce and forward. But I cannot get them to even acknowledge that. I also have requested numerous times a copy of the monthly statement and to date have never received one.

I considered pursuing my ex-husband, however I learned he had a stroke and felt it would be better to look again at what options were available with the credit card company.

Thank you for any direction or guidance that you might suggest in pursuing this for resolution. I am concerned that if my ex-husband passes away (I learned he had a stroke recently), I could be faced with not only taking on the debt but then suing the Estate which I imagine could take a very long time.