Legal Question in Family Law in Washington

Legal separation credit issues

We did a ''do it yourself'' legal separation and then divorce decree. All was granted thru the courts. There is no property, no children. At that time, all credit cards had zero balance. Recently, my ex husband ran up a credit card with both our names on it and is not paying. The bank (Capital One) is refusing to even let me send them my legal papers, saying my name was on card - I should have removed it. I thought I was protected from this happening. Please help!


Asked on 7/27/07, 4:29 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Legal separation credit issues

The issue appears to be that your ex used the card after you divorced him and your name is still on the card.

IF Capitolone sues you, then you sue your ex because you allege the debt is his, not yours.

But don't take legal advice from a bank or a collector - they aren't lawyers.

And in the meantime, it would probably help to get your name off that card or otherwise instruct the bank that this is not your problem.

And no, you do not need the bank's permission to write them a letter.

Hope this helps. Elizabeth Powell

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Answered on 7/27/07, 5:07 pm


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