after divorced, he used joint acct credit card and made default. the subject default affecting my crdit rating. it is also my responsibilty?

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after divorced, he used joint acct credit card and made default. the subject default affecting my crdit rating. it is also my responsibilty?

we divorced last year. The subject account was inactive and no transaction at all. When we signed divorce doc, we disclosed there is no community debt. since Jan 2009, he found out inactive joint acct credit card and call to card company, and changed address and requested new card. he used all line. he didn’t make any payment. I just found out my credit rating has been changed last Sat. It was joint acct . therefore, my credit rating affecting due to ex-spouse. Since this transaction was happen we signed divorced doc, and I do not even know it happen. can i remove my ownership from this?

Asked on May 13, 2009 under Business Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you divorced, why did you keep the joint account credit card? Why didn't you cancel it? Were you the primary, the secondary or were you both the primary?

If you were the primary, you should have had his card cancelled as secondary. If you were both primary, why didn't you take yourself off of it? What did the divorce decree say?

Can you prove positively he made all the purchases and defaulted? If so, you better get a lawyer to sue him and help repair your credit -- i.e. you need to get a judgment against your ex husband and then show that judgment to any credit agency who lowered your score.

You need to get a good lawyer.  Try www.attorneypages.com and then check his or her disciplinary record at www.calbar.ca.gov under attorney search.  If you had a divorce attorney, immediately contact your divorce attorney -- your ex may be in contempt of court for this if not possibly committing a criminal act.

If you cannot afford one, try legal aid. 


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