is it considerede contempt? or do i need to go to the civil court
2006-07-27 11:10:40 · 19 answers · asked by blau4202000 1 in Politics & Government ➔ Law & Ethics
Have your lawyer call her lawyer before you do anything.She'll have to pay the charges.I would get those cards out of your name also.Good Luck!
2006-07-27 11:15:01 · answer #1 · answered by Lisa M 3 · 0⤊ 0⤋
First: Contact the credit card issuer, by telephone and follow up by mail. Request that it cancel the card (if it's in your name, you can have them do this) Tell them that the court ordered her to pay it and mail them a copy of the decree. If you are not going to need a good credit report for the next six months or so, stop making payments on the card.
Second; (Or maybe first) Contact your divorce attorney. Tell him/her the ex is not paying on the card, that you've canceled it, and that you don't want to pay for the ex's debt. Explore with the attorney your options. Is there any obligation going from you to her that you could use to off-set the payments? Would a contempt of court action be fruitful and what needs to be done to have the ducks lined up? Would a civil action be a better route, and if so, how likely are to you collect on your judgment?
2006-07-27 16:23:09 · answer #2 · answered by shoshidad 5 · 0⤊ 0⤋
Contact your attorney who originally handled the case. He can file a Default against your x-wife.
If no attorney was used, then you must return to the clerks office and file a Default and also a Demand for payment, against her. A court date will be scheduled and you will have to return back to court. The judge may issue an injunction against her in your favor. Be sure to take the original decree/order with you which stated that she is responsible for the bill.
You might also cancel any further charges on the credit card, by calling them and or sending a letter canceling the account. YOUR BEST BET IS TO CONTACT YOUR ATTORNEY.
2006-07-27 11:20:08 · answer #3 · answered by Ms-No-It-All 4 · 0⤊ 0⤋
I'm rather surprised your attorney didn't advise you about the best course of action on this in the first place! When I went through my divorce and my ex became responsible for two of the credit card debts, my attorney had me send a copy of the decree to the credit card company. The cards were canceled and the debt was then placed in my ex's name to protect me in case of his failure to pay.
At this point, I would actually start with the credit card companies first. They should be able to advise you on the best course of action. If you're unable to resolve the issue in this manner, then contact the attorney who originally represented you.
Good luck!
2006-07-27 11:55:56 · answer #4 · answered by cgspitfire 6 · 0⤊ 0⤋
Get your lawyer to talk to the judge that said she was to pay it and have him haul her back to court on contept of court charges.. amazing how fast her lawyer will find a way to get that card paid off. then cancel the card just for your own safety because she probably has the number and can use it on the computer with out showing it or id. and no one knows that you are divorce.. do something soon. or they will ruin your credit messing around.. hope everything works out ok for you.
2006-07-27 11:20:14 · answer #5 · answered by Sandy F 4 · 0⤊ 0⤋
Well, now that you guys are now x-people. it could be good to take her to small claims court if you have all the proof of what needs to be paid back. Have a good resource on your stuff. so you will have reasonable evidence showing that it was not a gift. Once you win the case, there ain't no telling when it will be paid back, but always remember, if her credit ain't bad once ya'll split, you take it to court, then that will be on her record until hse pay you back!
2006-07-27 11:17:37 · answer #6 · answered by sexifemme 2 · 0⤊ 0⤋
Send a copy of the decree to the credit card company. Then call your lawyer. STICK IT TO HER! For all of us that want to get back at our ex's. Good Luck!
2006-07-27 11:16:51 · answer #7 · answered by rastus7742 4 · 0⤊ 0⤋
I agree with most of the above, with the exception of one thing. Provide the court order to your Credit Card company and demand that they take the card out of your name and put it in hers - use your attorney to help. Consult with your attorney, file another suit if necessary.
2006-07-27 11:16:40 · answer #8 · answered by Christopher B 6 · 0⤊ 0⤋
Go back to the lawyer that represented you to get the decree and have it bring it to the proper authority.
2006-07-27 11:14:14 · answer #9 · answered by chuckimagine 4 · 0⤊ 0⤋
It is contempt, but it may cost more in lawyers fees that to just pay it yourself. I have the same problem myself and it has already cost me close to 10,000 while he doesn't even pay his child support.
2006-07-27 11:40:46 · answer #10 · answered by Anonymous · 0⤊ 0⤋