Legal Question in Credit and Debt Law in Illinois

Ex-husband Uses joint credit card

Separated from spouse 9-98, divorced 2-99, phoned Discover card to get name off card.Thought name was off card found out was not and he has charged about $5,000,past due,they are looking to me to pay debt,they contend that I am liable because back in 1991 I had my name added to card and they state that they mailed me form to delete name from account and said I did not return form. I phoned them in 9-98 and spoke with Michelle and she said she would take my name off account. I had not knowledge I had any credit card from Discover Card. What actions do I have in getting this resolved and getting this off my credit report. Ex has agreed it is his debt. I am having a great deal of emotional problems because of this.


Asked on 12/01/04, 9:52 am

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Ex-husband Uses joint credit card

I am a bit confused. Are you saying that back in 1991 you did not consent to having your name put on the card or are you saying that you did request your name to be placed on the card. If you did not consent then you are going to have to show that your name was fradulently placed on the card. If you did in fact put your name on the card then Discover can come to you to collect the debt. Discover is not bound by the terms of your divorce. In your divorce decree who is responsible for this debt? You may have to take your ex back to court.

In the meantime you can write a letter to the credit reporting agencies stating what the circumstances are regarding this debt. They will then place the letter with your file and anyone who pulls your credit report will also receive the letter.

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Answered on 12/02/04, 9:48 am


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