Legal Question in Credit and Debt Law in California
Garnishment
Husband and I divorced over 3 years ago. He agreed to pay for one credit card debt so he could use the credit card. He signed an agreement. Now he owes $14,000. The credit card company is trying to come after me because I was the #1 on the card. Doesn't the agreement my ex signed have any bearing?
3 Answers from Attorneys
Re: Garnishment
The agreement with your husband does not modify the contract you both signed with the credit card company. If you did not notify the credit card company that you should be removed as an authorized purchaser and not responsible for future charges, they you remain a co-borrower and jointly liable.
Your agreement with your ex-husband might entitle you to get reimbursement from him for any of your wages that are garnished, but that really isn't the creditor's problem.
Re: Garnishment
Not with the credi card company unless you can convince them to pursue your husband first.
Re: Garnishment
You could sue your husband for breach of contract. If the divorce judgment says he is to pay the debt, you could convert that portion of the judgment to a civil judgment, which you could then collect on. If your husband got any real property out of the divorce, you could potentially obtain a court order putting a lien on that property.