Legal Question in Credit and Debt Law in Texas
Lien from credit card
My ex-husband charged an automobile lift to my credit card and the credit card company allowed the charge even though he was not authorized to use the card. The divorce judge ordered him to pay this charge. He has not. I have not paid because it is not my debt and I received a large amount of debt in the divorce, which I have paid. My credit report reflects that a collection agency has filed a lien on my home, which is homesteaded. I have never receive any notification of a lien and would not have known about the lien had I not checked my credit. What can I do (a) to have the lien removed,(b) to have the judge's ruling enforced and (c) have it removed from my credit report. Does the divorce judge have no authority? I was allowed as a co-signer on two of my ex-husband's accounts to pay the bills - I did not make charges. The judge, after the hearing all sides in trial, ordered that I was not liable for these accounts, plus the account he charged. My credit report shows that I am liable for these credit card amounts even though I have appended a note regarding the divorce. I'm frustrated because I have a judge's ruling, but it is not allowed to be enforced. What can I do?
1 Answer from Attorneys
Re: Lien from credit card
The credit card company is not a party to your divorce and is not bound by any ruling of the judge in the divorce court. From the credit card company's point of view, if you were an authorized user, you are responsible for the charges. Period. The judge does not have the power to change that. You can certainly file suit against your ex-husband to recover what he owes you. To fix your credit report, you need to pay the debt or negotiate to pay the debt. There is no lien against your homestead, since, as you say, it is illegal for such a debt to operate as a lien against a homestead. It is not clear from your post whether you mean a judgment has been entered against you. If that is the case, you need to make arrangements to pay the judgement, obtain a release of judgment and file that in the real property records and with the credit reporting agencies. That will get the debt off your credit record. If you have not done so by now, you need to write the credit card companies and inform that from this point forward you will not be responsible for any charges made by your ex-husband, demand they remove him from your credit card(s).
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