Legal Question in Family Law in Maryland

I have been divorced now for over a year and in the divorce decree my ex wife said she would assume payments on one of the joint credit cards, leaving me with the rest of the joint debt. She has not paid and now the account is 60-91 days past due. A few months ago she sent the credit card company a letter saying she will pay but is not able to at the moment. At the present time, the said account is more than $1,400 past due. This same letter was also a Cease Communication Letter. The credit card company does not call anymore but my credit has been ruined due to her nonpayment status. I live in Maryland and to my knowledge she is living in Virginia. Would it be possible to file a claim in small claims court in the amount of the debt which is approximately $4,000.00 and if so in what state do I file? Thanks so much Michael


Asked on 3/23/10, 4:13 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

It sounds like there was a separation agreement and it probably got incorporated into the divorce. If so, her breach of it by not paying this debt could subject her to contempt proceedings in the court where the divorce was entered. If you paid off the credit card company you could ask the court to award you a judgment against her for that amount and then could try and collect it by attaching her bank account or her paycheck. If you would rather do it in small claims court you will have to go to VA.

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Answered on 3/29/10, 6:44 am


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