Legal Question in Family Law in District of Columbia

I was divorced in Washington, DC in 2001. At that time, our decree of separation from the DC superior court stated that I would pay of all debts except for a line of credit that my ex-wife was to pay. She was to remove my name from the debt within 30 days and if she didnt to indemnify me from any action by the creditor (Capital One bank).

Well, she didnt pay off the debt or remove my name, has now fallen behind on payments and now the bank is calling me and has already updated my credit report with the overdue payments.

Do I have any protection from the agreement drawn up by the DC court?

I couldnt find any reference in DC code to protection from creditors although the agreement drawn up by the court's domestic relations department and signed by both myself and my ex-wife states that I am indemnified. I am wondering what I can tell the bank to tell them that I am not responsible for this.

Thanks!


Asked on 10/23/10, 11:05 am

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

Unfortunately, Capital One Bank is not a part of the order and does not have to let you out. In fact, your attorney should have advised you to verify her compliance with the order 30-60 days after the case closed.

In any event, you can tell Capital One that you want your name off the line of credit for future charges.

In the meantime, you should file a motion for contempt for her failure to comply with the court's order.

If you need additional information, please contact me.

1425 K Street, NW

Suite 350

Washington, DC 20005

[email protected]

(202)294-0435

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Answered on 10/29/10, 8:58 pm


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