Legal Question in Credit and Debt Law in Illinois

I was divorced in 2010 and in my divorce papers my ex agree to pay all the debt that ensued up to the day of the divorce. My dilemma is that after that date on a credit card in my name the totaled amount due went up by $7000 and he removed his name as a secondary cardholder. The bill was going to him in IL as I moved out of state and had no knowledge this was occurring. He was not paying the amount due each month and therefore it is now in collection. I have requested from the credit card company to send me all the past statements but state they can not due to it being in collection. I need proof that he added $7000 to the card and did not close the account as stated in the divorce decree, how do I go about obtaining that information. i am wanting to take him to court over the 7,000 that he added to the account after the divorce was final. I would really appreciate your help with some feed back. Thanks Celeste


Asked on 2/22/15, 9:33 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

the answer of the credit card company is unreasonable. However, ask the company that it is in collecti0on with the produce the charges. Absent that , the only think you can do is to file a petition in court alleging that upon information and belief you former spouse improperly used the card and made the charges, and then issue a subpoena to the credit card company seeking the records. Assuming the credit card company does business in your state, then you should be able to get the records that way. That will only be the statements, not any slips (if those exist at all).

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Answered on 2/23/15, 4:22 am


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