Legal Question in Credit and Debt Law in Missouri

My boyfriend and his ex-wife bought a car together then divorced she got the car and was responsible for payments but totaled the car with no insurance and now it is on my boyfreind credit report, is there a way we can get this removed


Asked on 6/25/11, 10:54 am

2 Answers from Attorneys

Anthony Smith LawSmith

If their divorce decree says she is responsible for the debt, he can seek recompense for any money he pays to the creditor. Unfortunately, a divorce decree does not stop a creditor from going after all the people that they loaned money to. That means it will stay on his credit report until it gets paid. But, if he pays any of it, he can probably sue his ex to get compensated.

Good luck

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Answered on 6/26/11, 4:48 am
Jonathan D. McDowell McDowell & McDowell, LLC

I had a client that had the same situation happen. Because the spouse defaulted after the decree released her of liability, the creditor corrected the report and removed it from the "adverse accounts" section.

To remove it from the report, your boyfriend, or his attorney, should send a letter with a copy of the divorce decree to the creditor disputing the item. In the letter, he must show why he is not responsible for the debt under a divorce agreement. Tell them that you will sue them for violating the Fair Credit Reporting Act if they do not remove the negative item.

Wait until you hear from them. If you do not hear from them in about 2 weeks, send a letter with a copy of the divorce decree to the credit bureau disputing the negative item because you are not a debtor on the obligation.

If there are any problems with this. You should call an attorney that can handle filing a suit under the FCRA and Fair Debt Collection Practices Act (FDCPA).

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Answered on 6/27/11, 2:10 pm


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