Legal Question in Bankruptcy in Missouri

Found out earlier this month that my ex-husband opened a line of credit on a joint checking account we had through US Bank when we were married. It is now past due. (BTW, I thought my name was taken off all our accts in the divorce back in 02.) Anyway, the line of credit was opened in 07 (without my knowledge) and I just found out about all this earlier this month when I started receiving delinquency notes (one addressed to him at my new home and the latest addressed with my former name). This also prompted me to check my credit report (I don't check it regularly like I should), which showed the line of credit. Anyway, I called so many US Bank reps and was told a little something different each time. Finally, I had my name removed from the account this week but the latest letter is still asking me for the money. I called the collection agency that sent this letter and explained the situation. I was told that my ex filed bankruptcy so they couldn't go after him. I also told them I was never notified about the opening of this line of credit. The response was that US Bank didn't have to notify me when he opened it because my name was on the account! That doesn't seem right. I don't know what to do and I refuse to pay but it's hurting my credit. What is my next course of action?


Asked on 9/28/11, 11:15 am

1 Answer from Attorneys
Anthony Smith LawSmith

This sounds like a good issue to raise with the attorney that represented you in the divorce and property settlement. If you wait too long, it may be too late to get this fixed. If you were divorced in 02, the account that was opened in 07 may only be collectable against what is in the account. But, US Bank will take the opposite approach. you may have to go to court to clear this account. You shoudl consutl direclty with an attorne in your area, before deciding how to act. Do not rely only on a general answer to yrou general questions in this forum wher eyou can provide avery limted amount of the relevant facts. Your matter needs advice specific to the facts of your situation. Many attorneys offer a free or low cost intial consultation. If your divorce attorney cannot get this resolved for you, go see one.

Good luck

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Answered on 9/29/11, 3:15 pm


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