Legal Question in Credit and Debt Law in California

I signed up for a joint credit card about 25 years ago, I was divorced about 20 years ago. My ex-husband was supposed to pay for the credit card according to the divorce agreement and he did not. I understand I am still responsible. Now my wages are being garnished and this is the first time I have heard about this other than a phone call I received about a year ago. I looked up the court case and it showed the judgment had been renewed.

I was never subpoenaed because they did not have my correct address. They did not even know I was divorced. Everytime there was a court case, the subpoena was sent to one of my husband's addresses under both of our names and he never told me about it and he just ignored everything. I was told I could file a motion to dismiss the judgment. I am willing to settle if I have to and pay for everything if I have to. But is there any way out of this? Also, since I never know about any of this, if I do have to pay, can I have the everything removed from my credit report?

Thanks for your help!


Asked on 3/04/10, 7:26 pm

1 Answer from Attorneys
Grenville Pridham Law Office of Grenville Pridham

You need to file a motion to vacate the default judgment on the grounds that you were never served and did not receive due process. You should be able to have the default judgment set aside because you were not served. Whether the creditor can maintain the action after all this time is another matter. You need to find out when the account went into default and when the complaint was filed. There may be a statute of limitations defense to this.

You also want to go through your credit report and cancel any credit cards that were jointly obtained, if any still exist.

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Answered on 3/17/10, 10:17 pm


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