Legal Question in Credit and Debt Law in Alabama

In Contempt

The settlement agreement attached to the divorce decree stated that my ex had to pay the credit cards he opened in my name while we were married. I had no knowledge of the cards until I started receiving notices from the companies. He has not paid them and the divorce was finalized Jan. 08. The card companies are threatening legal action against me. What do I do? I don't have a lot of money since I was recently laid off and he's not working (on the books, anyway) now. What's my best option? I no longer live in that city anymore either. And the credit companies are claiming not to have any original documentation of the initial application.


Asked on 3/07/09, 10:11 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: In Contempt

You may have several options depoending on a lot of facts you didn't post. Step one would be to contact a lawyer to weigh those options.

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Answered on 3/07/09, 10:41 pm
Randal Ford Ford Firm

Re: In Contempt

You would have to pay to have your husband found in "contempt" for not paying the credit card. It can be expensive.

DENY you owe the credit card debt to the cardholder in WRITING. WHEN they sue you make SURE you DENY that you owe the money in the lawsuit. When you get to court DENY that you (1) opened the account, (2) used the account and (3) gave your ex permission to use your name. The credit card company MUST prove you opened the account, had the card and used it. BRING a copy of the divorce document to SHOW the Judge that the ex-husband is responsible.

The Credit Card company (or Debt Buyer) WILL NOT HAVE a witness. And may not have ANY documentation. Should not be difficult to win if you STICK to your guns and DENY you opened the account, etc. CHECK YOUR CREDIT REPORT to see if the credit card opened the account in your name (I am assuming you live in Alabama). IF so, you may be able to sue the credit card company and credit reporting agency. Check your credit report by using the MAIL form at www.ftc.gov to get a FREE credit report. DO NOT USE THE CREDIT REPORTING SERVICES ONLINE SYSTEM!!!!! You will then be bound to "binding arbitration" if you use the internet for a "purchased" copy. Check your credit, then give me a call if you need assistance.

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Answered on 3/07/09, 10:46 pm


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