Legal Question in Credit and Debt Law in New Jersey

Lien and Wage Execution Order

Divorced 1997- Divorce Decree and Property settlement aggreement states my x-husband to pay a specific credit card debt-$8,000. I am named as second card holder on that credit card debt. 1998 he files Chap 7, includes that credit card. Debt transfers to my name , lien is put on my house and application for wage execution is submitted to superior court from the plainiff,a law office that now represents the credit card company. What are my rights? Is my property settlement legal and binding? Can they attach my wages and make me responsible when he agreed to a divorce settlement with me?


Asked on 3/23/01, 7:03 pm

2 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Lien and Wage Execution Order

You should provide the credit card company a copy of the divorce decree/property settlement. The property settlement is legally binding, however, you may have to go to court to enforce this. I would consider suing both the credit card company and your ex husband. If you would like to discuss this further, please feel free to call me at 845-362-0387.

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Answered on 5/29/01, 8:48 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Lien and Wage Execution Order

You may want to return to the Court that had jurisdiction over your divorce and request an Order requiring your ex to pay the credit card debt, in spite of his discharge. I was involved in a case that went to the Appellate Division on this very issue. In that case, the Judge required the husband (who was trying to discharge the debt) to pay more alimony. The increased alimony was exactly the amount of the credit card debt. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 5/29/01, 9:50 am


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