Legal Question in Credit and Debt Law in California

Ex-wife's debt

I just received a collection notice for $8,350.13 for a joint Discover Card my ex-wife and I opened while we were married. At the time of our divorce in August 2000, the Discover Card had a balance of $2,583.66 (as stated in our divorce papers). In the divorce papers it was mandated that my ex-wife ''shall pay and hold husband harmless on the obligations to Discover.....and agrees to terminate or change to an account in her name only any credit card in her possession bearing both parties' names or which was issued upon the signatures of both parties.'' My ex-wife did neither--she ran the bill up to $8,350.13 and has since included this debt in a banckruptcy case (the case has been finalized). The collection agency has stated that if I don't respond to them within 10 days they are going to relay information to the credit reporting agencies and negatively affect my credit rating (which is currently above 800). Am I liable for this debt? Do I have to pay it and then sue my ex-wife for the money? Do I have to respond to the agency? Is the agency under legal obligation to honor the divorce decree? If I am liable for any amount would it be only for the amount of $2,583.66 which was incurred during the time of my marriage?


Asked on 5/13/06, 8:25 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Ex-wife's debt

Did she list you as a creditor on her schedules? Believe it or not, you may have to sue her in bankruptcy court to have her debt to you declared non-dischargeable. You should consult a bankruptcy attorney before filing a lawsuit or an order to show cause in family court - this might violate the terms of her bankruptcy discharge and subject you to damages. Done correctly, however, you should be able to recover the amount of the debt plus the attorney fees you will incur.

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Answered on 5/14/06, 12:39 am


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