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
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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
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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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designer
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Reged: 12/06/06
Posts: 16
Loc: NC
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I have been spending the past few days tallking to the credit card company, getting my credit report. Turns out the said card is one we had that I was aware of, it was just titled differently in the papers.
Anyway, this card is listed as her debt on the separation agreement. Can she be held in contempt for the damage its doing to my credit? Suit her for the amount on card?
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19801
Loc: Third rock from the sun
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Can she be held in contempt for the damage its doing to my credit?
---> She can be held in contempt for not paying the bill as so ordered by the courts. You could possibily sue her IF you could show significant losses...as in you would have gotten loan for 3% verus 11% IF not for the debt.
Suit her for the amount on card?
---> ONLY if you pay it.
---> My question...why didn't you cancel the "joint" account?
---> Also, was the credit card aware that you were going
through a divorce and that you would NOT be responsible for any charges AFTER xx date and/or that they should remove you from the card? If so, you would have a case against the CC company for charges AFTER that date.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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designer
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Posts: 16
Loc: NC
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She was using this card during marriage. I had another card that I was using. So naturally I took the debt on my card and she took that debt. What I was unaware of was the fact that she was continung to use it. She was suppose to pay off the debt and cancel it. I did with mine. My name was on the bill, but it did not get forwarded to my new address.(I submitted a chnage of address at the post office. Since she was on the account too, that may have had some influence on the mailing. My complaint to the CC company is that I havent received a bill since 2003. I got one a few weeks ago, once she filed BR.
I requested billling statements as far back as they would allow.
Now there should be 2 cards on this account. One in her name, one in mine.
Can I file a lost or stolen card? Reason: Looking at a statement I received, there were 2 charges at a 2 gas stations in the same town on the same day. Can I make the case that 2 people are using the 2 cards, in this case filling up with gas?
Can the CC company tell if my card on the account was used in the past 3 years? Do the 2 cards have their own identifying numbers?
I appreciate your feedback. I realize I am probably just another of many victims, basically due to lack of education on this matter. I am trying to explore as many routes before giving up/in.
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designer
recently joined
Reged: 12/06/06
Posts: 16
Loc: NC
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If I file for contempt of court since it is listed as her debt in the divorce, could the judge likely order her to pay that bill?
In regards to the house we have in both names she was given 90 days in writing in the settlement that she would have to refinance. Instead she borrowed against the house. Wouild that be a contempt as well?
You probably would not know this, but could enough charges cause her to be deported, or lose her green card status? She is from UK.
Edited by designer (12/10/06 10:05 PM)
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designer
recently joined
Reged: 12/06/06
Posts: 16
Loc: NC
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This case gets crazier the deeper I investigate.
The cc acount that my ex listed on the br (that lists me as a co-obligor) is not the cc debt listed in separation. It is indeed one that I am not aware of. This account is now under investigation by cc company. Previously in my research the 2 accounts had similar info, same bank issued, but different sponsors. I went to the bankruptcy court today to talk to the clerk. She printed out my ex's case. She has about a dozen or more creditors listed since we separated. What is she doing? Is it poor management or attempted credit scheme? She listed me as co-obligor on her car and the creditor said I am not. So I am getting a letter from them that I can present to the bankruptcy. Can I press any charges on her for attempting to get money from me by llisting me as a co-obligor?thanks
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designer
recently joined
Reged: 12/06/06
Posts: 16
Loc: NC
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Tomorrow I will be going to the BR office to file a Complaint to Determine Dischargeablilty as noted on a FORM B91. She has me listed as co-obligor on some things which I will contest. The CC in question is being looked at by the company's fraud department. Is there any advice or things I can expect from my actions tomorrow? Once I file the complaint, then what?thanks.
Form B9I, not 1(edit)
Also, If I do not pay off the debt she incurred the past 3 years that we have been divorced, will the CC company come after her after she comes out of BR in the years to come?(edit)
Edited by designer (12/19/06 08:54 PM)
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