Legal Question in Bankruptcy in Connecticut
Credit Card charges and Divorce
I am divorced for 5 years now and have recently been
contacted by creditors for a joint credit card that my
ex-husband applied for and received which some how
is a joint credit card even though I never signed any
papers for it. The creditor doesn't care that I'm divorced
and the monies spent were spent after my divorce was
final. Am I responsible in any way for the money on the
credit card?
2 Answers from Attorneys
Re: Credit Card charges and Divorce
Under Connecticut law you are not liable unless you signed the application or utilized the card. If they are showing that the debt is in your name, you should ask the credit card company to show you your signature on the application or some guaranty. If your signature appears on the application, it might be a forgery, at which time you should contact the security division of the credit card company. The credit card company is not bound by the terms of the divorce so if you signed the application you will be held liable. Good Luck.
Re: Credit Card charges and Divorce
I can't answer your question with the question you posed. If the card was issued jointly while you were married and not resolved at the divorse, you may be responsibe, between you and the credit card company. If it was issued after your divorce without your knowledge, file a complaint with the card company. You may have a claim for contempt in the divorce action, if he was to be responsible for the debt owed on the card at the time of the divorce. File a complaint or a dispute notification according to the terms of the card company as set forth on the back of the statement. If the card was in existance at the time of the divorce, cancel the card ASAP to avoid any other charges. Do this in writing, certified mail, return receipt requested, as well as by telephone (keep track of the person you spoke to and the conversation, date etc.) You may wish to speak to your divorce attorney to get advice on how to proceed. I can only guess at the terms of your divorce decree. Cancel the card and request an affidavit of fraud that the card company usually has on hand so you can make a claim that the debt is not yours and that you want to be absolved of the debt and demand it be removed from your credit report. Tom Noonan
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