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Posted: Tue Dec 11, 2007 5:42 pm Subject: Responsibility on Credit Card Account

Hi everyone:

I have a friend that is getting divorced, basically over financial matters. She has been stuck with a CC with a $20K balance in the divorce settlement. This card is in her husbands name and SSN. She did have her own card to use but the contract, signatures were all completed by her husband, her signature was never put on anything. Can this debt be legally reported to her credit and can she be held responsible/sued for this debt? I guess that I am wondering what supercedes what, the CC contract, or the divorce decree?

Thanks in advance for your answers!

Posted: Tue Dec 11, 2007 7:57 pm Subject:

I am not positive, but was she an authorized user or co/signer on the card? I would think that if she was not, she shouldn't be responsible. However, I am not sure if the divorce settlement makes a difference. Someone should be along with more advice!!

Posted: Tue Dec 11, 2007 8:12 pm Subject:

He is responsible for it. Unless she was a cosigner. However he can sue her for the debt since in the divorce decree said she was responsible. Given the balance I can't see him letting that go.

Posted: Tue Dec 11, 2007 9:50 pm Subject:

Thanks. She was an authorized user of the card, is that the same as co-signor?

He will not sue her for the debt, he paid for many "naughty" things behind her back with many credit cards, including this one, hence the divorce....

Posted: Wed Dec 12, 2007 5:24 am Subject:

It doesn't matter what was purchased, a 20k debt going unpaid will likely lean to a lawsuit from the creditor or collection agency if it goes unresolved to the owner of the account.

He will have the right to sue her for the amount and it isn't going to matter what was purchased at all. It's just going to matter what the divorce papers said. It's almost like child support in a way except that you can't go to jail for not paying it but you do have legal rights to go after the person the judge said was responsible.

You should tell your friend to talk to a lawyer.

Guest · Posted: Wed Dec 12, 2007 5:45 am Subject:

Thanks. I am sure there will be lawsuits, this is only one card, there are several others with the same amount or more for a total of over 100K in cc debt. I know both sides in this thing and I know that he will just take any lawsuits that come his way regarding the cc debt. It was just that in the divorce all assets had to be split so she was given a card in the split.

She has a lawyer already for her divorce so I am sure that he can help he with this as well. I appreciate the insite. Thanks!

Evany · Posted: Wed Dec 12, 2007 10:19 pm Subject:

I have questions regarding the divorce decree. If decree written that my wife is responsible for all debts then the creditors stop calling me rite?

Posted: Wed Dec 12, 2007 11:47 pm Subject:

Hi Evany

The Divorce decree has got nothing to do with your creditors....they are not bothered with your divorce. The only thing that matter to them is their money and since you and your spouse had opened a joint account both of you are jointly responsible to pay it off. The creditors wont stop till there is outstanding balance on the joint account, they want their money and will continue reporting the account to the CRA in your as well as your spouse's name, even if the decree stated that the debt has to be paid by your spouse.

Take care
Nelly

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