Legal Question in Bankruptcy in Indiana
jointly owned debts with an ex-spouse
I filed bankruptcy 10-2001, I had a credit card that must have also had my ex husbands name on it. He is now trying to get a loan and it's showing on his credit. The debts were incurred after the divorce was final, is there a way to
remove this from his credit?
1 Answer from Attorneys
Re: jointly owned debts with an ex-spouse
The Fair Debt Collection Practices Act allows your ex to dispute the validity of these debts-he must do so in writing. They then have to provide verification of the debt-which will be difficult since the debts were incurred after you were divorced and he did not use the credit cards.
He can also write the credit bureau and state that he disputes the debt-they will be required then to respond within 30 days with proof of the debt or correct the wrongful reporting.
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