Legal Question in Credit and Debt Law in Texas

collections

I divorced my ex in the year 2001. In 1998 my ex-husband opened up a credit card account as the primary, and I was added as a cardholder.There was a 3,000 balance when our divorce was final. He was awarded the card and the debt in our divorce decree. Several years later he racked up the card, oweing 18,500; then filed bankruptcy on it. The company is now telling me that I am responsible for paying back this debt since he filed bankruptcy on it. Am I responsible for the debt that he racked up? If not, how do I respond to the credit card company?.


Asked on 5/02/05, 5:22 pm

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: collections

If you were merely an authorized user, you are not responsible. Request that they send any application for the credit card or any agreement by which you agreed to be bound.

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Answered on 5/02/05, 5:41 pm
Peter Bradie Bradie, Bradie & Bradie

Re: collections

Write to the credit card company, certified mail. Tell them the balance on the date of divorce. You and your ex were jointly responsible for that debt since it was a community debt. The decree has no effect on the credit card company, but the fact that after the divorce there no longer was a community has a great effect. Demand a statement of that account through 2001 to date of default. If your ex paid over $3,000 on the account, even though he may have kept running up debt, the payments are applied to the oldest charges, and he may well have paid off the $3,000 after your divorce.

If they don't file a lawsuit before the 4th anniversary from the date of your divorce, their lawsuit against you may well be barred by the four-year statute of limitations.

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Answered on 5/02/05, 5:58 pm


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