Legal Question in Credit and Debt Law in North Carolina
My ex ran up a large debt on a credit card that I thought was closed after our divorce. How can I legally have my name removed from this debt when the card company is refusing to remove it because they say he can't handle the debt on his own?
2 Answers from Attorneys
I hate to break bad news, but you can't legally remove yourself from this obligation. You can bring a lawsuit against him and take a judgment, which will show on his credit - but you can't force the credit card company to go after him instead of you.
I suggest you consult the attorney that handled your divorce/equitable distribution (if you had one). There may be remedies for breach of the equitable distribution if he was supposed to be responsible for this and has not taken care of it.
If the credit card company sues you on this debt, make sure to go to an attorney for help answering the lawsuit and bringing claims against him, so that any judgment is against both of you, not just you.
Let me just add (and it doesn't help you but may help others) that you were negligent here. One always needs to in writing close all joint accounts as to future charges at the time a divorce begins. Your lawyer should have so advised you. I am not licensed in your state but do follow the steps Lynn suggested. If the debts are large you may want to consider bankruptcy.