Can I be held responsible for credit card debt on a card that my ex-husband has?

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Can I be held responsible for credit card debt on a card that my ex-husband has?

My ex did not take my name off of a credit card that we shared during our marriage. Our divorce was final 7 years ago and our judgement of divorce states that I am not responsible for debts which my ex incurred after that time. A credit card company has sent me a letter stating that I must pay the balance due or they will garnish my wages – this debt is on a card that he failed to have my named removed and is debt which was created after our divorce was final. What can I do to fight this?

Asked on June 18, 2012 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What worries me here is if they have called threatening you or have they sued you already. Threatening you is a violation of the Fair Debt Collection Practices Act.  As for the debt, were you just an additional card holder or were you a co-signor on the original application?  If you were a co-signor then you are going to have to sue your ex husband when the credit card company sues you or take him back to court under the agreement now if there was a breach (not taking you off the card).  Good luck. 


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