Legal Question in Credit and Debt Law in New Jersey
Credit card debt and divorce
My husband was removed from the home on a restraining order in 2004. I called all credit card companies to remove him from mine and myself from his. I was informed at that time that as a user on his account I was not responsible.
I have subsequent, documented contact with this credit card company indicating that they knew I was no longer connected with the account.
The bill at the time he was removed was $143. He then ran up a bill of $30,000 on his card number (not my number) and refuses to pay.
I now received a summons relating to this debt and they are threatening a lien on my home or garnishing my wages.
He owns property, collects a $100,000 note on a business sold in 2003, and has money in escrow from the sale of another property.
Can I actually be held responsible for his debt?
Also, my divorce reads that we are each responsible for our own credit card debt, can that be of any help in this case?
2 Answers from Attorneys
Re: Credit card debt and divorce
A spouse that is only an authorized user on a credit card card is not primarily responsible for the other spouse's debt. The divorce agreement will not control as that is a contract between the spouses and not the credit card company. The important issue is whether you were an authorized user or a direct holder of the account. The plaintiff (the entity suing you) probably is not the original creditor but is instead a bad debt buyer. If it is, it will likely be governed by the Fair Debt Collection Practices Act. If you need additional info, visit my website www.njconsumerfraudlawyers.com or give me a call.
Re: Credit card debt and divorce
I have read what the other attorney said. However:
If you are being sued, you MUST defend yourself in court. You have to do that quickly, withing the time limits required by the Court Rules. All of that is a lot easier with a lawyer's help. You MUST defend yourself or the credit card company will get a judgment against you.
You may want to sue you ex for failing to pay for his debts and causing problems for you. You might be able to force him to join in and defend the lawsuit against you. You might be able to force him to pay you back for any lawyer's fees that you have to spend on all of this.
But first you have to fight the lawsuit against you.
If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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