What to do if I’m being sued for a defaulted credit card debt that was assigned to my ex-husband in our divorce?

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What to do if I’m being sued for a defaulted credit card debt that was assigned to my ex-husband in our divorce?

I just received a court summons for a credit card debt that was assigned to my ex-husband in our 2003 divorce, and also in his bankruptcy in 2009. In TN.

Asked on June 27, 2011 under Bankruptcy Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The fact of the matter is that if your name was on the account (and simply as an authorized user) you are responsible for this debt. Regardless of how this account was allocated in your divorce decree, the creditor was not a party the divorce action. The final decree was between you and your ex-husband. Consequently, this creditor is not bound by its terms. You will need to pay this debt or at least attempt a settlement. However, the decree is binding on your ex-husband. Accordingly you can get reimbursement from him for any sums that you arerequired to pay.


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