Legal Question in Credit and Debt Law in Illinois

My daughter was divorced in 2005. As part of the divorce agreement she paid off his truck and he was to assume the credit card debt. He has only been making minimum payments - and I believe had added to the debt. He recently stopped making payments and she has debt collectors calling. Does the divorce decree protect her from this old debt? How can she protest / protect herself?


Asked on 2/12/12, 3:04 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

The agreement between the parties to the divorce is not binding on the creditor unless the creditor was a party to the agreement, As they were probably not a party to the agreement, the credit card company can try to get the mobey from your daughter. If she is forced to pay money to them, she can go to divorce court and ask that he be held in contempt for not paying. If you pay it off, it lets him off the hook,

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Answered on 2/12/12, 3:48 pm


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