Legal Question in Credit and Debt Law in California
Ex-Wife being dragged into mess with Credit Card company
Got a thorny problem..... If you can give any advice it would be wonderful.
(My ex is being tortured by a collection agency, going after her for one of my accounts that has gone bad.
Some background....
I Filed for Divorce from my ex on May 23, 1999, it was un-contested.
I filed for a default judgement on July 2, On July 8 Judgement was entered effective 11-23-99.
Notified creditors by phone & in person in late May, 1999. (Credit card companies, mortgage lender, ect)
On June 19, 1999 I applied for an American Express Optima card & my account was opened effective July 1, 1999.
I have paid on time, since then.
I haven't been able to pay due to lack of funds since my March 2003 payment.
Whats going on, collection agency is claiming that the Amex account is a joint account & claiming that the only way for her to get out from under the debt is to file a ''Affidavit of Fraud'' against me.
Yet the collection agency has yet to produce any documention....
My Exes Attorney is also telling them to file.
I am completely baffled.
2 Answers from Attorneys
Re: Ex-Wife being dragged into mess with Credit Card company
You may have a case under the Fair Debt Collection Act or merely a defense to their claim. Please contact our office for review of your documentation and consultation.
Re: Ex-Wife being dragged into mess with Credit Card company
It sounds a bit confusing, but it sounds like somehow, you asked for an AMEX card and both your spouse and your name was on the application. IT was granted before you were divorced. Since this is something that wasn't thought of at the beginning (i.e. that you shouldn't be getting a joint credit card or having the spouse's name on an application when you're breaking up), you have a problem now. And frankly, if your former spouse didn't know that their name was going to be on the account, I may well file an affidavit of fraud to relieve myself of liability.
You have two choices; you can either take responsibility for the card and make arrangements for payment with the collection agency, or fight it. At any rate, have the agency produce all the relevant documentation; you have a right to that. You may want to get a look at the application too, if you don't remember what's on it. It sounds like it would make more sense for you to deal with it, if you know you owe the money. And if there is anything that could look like fraud(i.e. the spouse's information or signature on the application if the spouse didn't consent to it), then you'd better step up to the plate and save yourselves a lot of trouble. Bottom line: if the spouse is on the app or the card and it was taken out when you were together, the spouse can be sued unless you get it cleared up.
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