Legal Question in Credit and Debt Law in Oregon

My ex husband got the credit card in the divorce

My ex got the credit card in the divorce. I called the card company to request my name to be removed. They said it couldn't be done until the account was paid off. My ex used the card several times, but started getting behind on the payments. He would make a couple payments, the miss several. He filed bankruptcy and included the card (which still had my name on it). There were no payments made for over a year. The card company turned it over to a collection agency who then came after me. I paid a reduced amount to keep them from taking me to court and to save my credit. I was told by the card company that I was the primary owner of the card and he was an added on user. If this is the case, why was it allowed to go through the bankruptcy, and can I go back on him to collect the money? When he got the card in the divorce, the balance was about $400. I ended up paying almostg $1400 because he had charged on it, then hadn't made payments for over a year. It is documented in the divorce that he got the debt.


Asked on 8/03/03, 1:45 pm

1 Answer from Attorneys
Noel Snyder Law Office of Noel Snyder

Re: My ex husband got the credit card in the divorce

It sounds like the credit card account was in your name and your ex was an authorized user. It might also be that it was a joint account. If the former, the credit card debt in the divorce should not have been assign to the ex. A better way would have been an equalizing judgment. If he was an authorized user he was not legally liable for the debt. Listing it in his bankruptcy had no legal effect. In the provsions in your divorce decree that divide up the debt there should also be a clause that each party indemnifies the other party. When you had to pay a third party for a debt that he was responsible for pursuant to the decree you have the legal right to be compensated for that loss. Send a letter to him requesting indemification. If he doesn't pay you could take him to small claims court.

Read more
Answered on 8/03/03, 2:21 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Oregon