designer
recently joined
Reged: 12/06/06
Posts: 16
Loc: NC
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I see I am not the only one.
My ex ran up a joint credit card bill over the last 3 years. We separated in 2003.
I was unaware of the card still being used. I had submitted a change of address form to the post office when we separated, but they never forwarded the bill to me. She withheld my bill. (I am told she can since she is on the bill too.)Is that completely true? Can I take any legal action, since she had no intent to pay it off, and at the same time not giving me the opportunity to pay off this joint debt?She filed backruptcy last month and the creditor started sending me the bill.
We see each other every week, and she calls me about every other day. We have joint custody of our kids.
We have used "in lieu of child support" in the past. I am going to ask her that we do that again. If she says no, I will be forced to attempt legal actions against her in an attempt to collect on the amount of the debt she incurred.
Any advice, much appreciated.
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hippie1981
veteran
Reged: 09/27/05
Posts: 1304
Loc: Wisconsin
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are you divorced or just separated?
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designer
recently joined
Reged: 12/06/06
Posts: 16
Loc: NC
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divorce final in 2004.
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hippie1981
veteran
Reged: 09/27/05
Posts: 1304
Loc: Wisconsin
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was this debt included in your divorce decree? who was supposed to pay off this credit card?
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designer
recently joined
Reged: 12/06/06
Posts: 16
Loc: NC
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The debt was listed as hers. But I have been told numeroues times that the credtor doesnt care. So they are sending me the bill now that she is in Bankruptcy.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Quote:
The debt was listed as hers. But I have been told numeroues times that the credtor doesnt care. So they are sending me the bill now that she is in Bankruptcy.
This happened with my husband and his ex also. She filed and all those debts were listed on my H's credit report. Some we got removed some we had to pay...about 1K more than the 15K my husband took in marital debt.
Creditors are not bound by the court order. All you can do is take it to the bankruptcy court and object to the bills that she is attemtping to discharge. You could also take her back to court and sue her...you'd win but collecting may be another thing.
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13.1...because I am only half crazy!
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designer
recently joined
Reged: 12/06/06
Posts: 16
Loc: NC
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Would there be a strategy to getting it removed?
Quote:
Some we got removed
Do I just go tell them that these debts are charged by her, with no intent of paying?
The Bankruptcy plan goes into effect December 27. I will need to submit an objection in the next few days.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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We got some debts removed because she forged his signature and the creditors were not diligent in making sure she had actual ID, and who's social she was using, etc. The credit agencies removed the debts.
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13.1...because I am only half crazy!
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designer
recently joined
Reged: 12/06/06
Posts: 16
Loc: NC
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When the debts were listed I at the separation 3 years ago I only knew of 2 cards, which were listed in the separation agreement. This card was not listed. Could this one be a forged card? Can I present my separation papers when I object to the BR court, as supporting documents that it could be a forgery?
Edited by designer (12/07/06 10:30 PM)
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Yes, that is a good idea. ONce the debts are bankrupted, odds are they will all come to you...or attempt to come to you. Watch your credit report carefully-we just had a debt show up from 1994 this year from her bankruptcy!(she BKed in 2003)
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13.1...because I am only half crazy!
Edited by Miranda (12/08/06 07:51 AM)
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