He violated the Marital Settlement agreement and he stoped paying what can I do?

Question

I got divorced 08/05 the Judgement of Dissolution stated that we entered an agreement "petitioner (my x) agrees to pay community debt with credit card acct # in the amount of $8,000.00 and hold the respondent (me) harmless from any liability incurred by such debt. Petionioner (my x) does so with the understanding and agreement that the card shall no longer be used untill complete balance paid off." Balance due as of 08/05 was $8,000.00. Since that time balance has rose up to 9,731.25 in part by a cash advance transaction he made on 09/19/06 where he withdrew $2,000.00 in to his checking account & due to the high interest rate wich was 32.240%. I contacted him and ?d y he withdrew he said because he had to. Collections called me since no payment had been made since 07/06 because payment made 08/06 bounced. I have sent him 3 certified letters & called him numerus times he won't pick up the phone I live in California he has moved to Florida. What do I do?

I did contact the cc company letting them know of the divorce askin them to change my last name to maiden and sent them a copy of the Divorce. They responded to me " we appreciate your attention to the mater however we cannot lelive you of your contractual liability on the account above based ona Divorce agreement between you and your former spouse/ Please be advised that a Divorce agreement is between the parties of the divorce and you are still contractually liable for the debt on the cc in accordance with the agreement" I was the main accnt he was authorized, bill were mailed to Florida but it's a PO box I plan on going to court tomorrow trouble is i can't have him served to a po box. I just paid $49.95 for an online background check see if i can get an address but what a waist of $50. I called cc co advised them the $2000 was fraud they say he was authorized to make transactions. =( uhhh!!! I'm sooo frustrated!!!

Answer 1

I am not sure about your State's law, but you may want to send the credit card company a copy of the Judgment. They may still try to hold you responsible.

You need to file a Motion with the court to have him brought before the Judge on contempt issues. Judges do not take it well when people blatantly disregard their Orders.

Good Luck.

Answer 2

As soon as the divorce happened, you needed to provide a copy of the Final Decree to the Credit Holder, and have your NAME REMOVED from the debt ... you can still do this, but at this time ... it is going to be iffy as to whether or not the Creditor will continue to call you ....

YOU also need to provide the address and indentifying information to the Creditor of your ex .. and the place of his employment too (if known).

Finally, report to the Credit Report Bureaus as well as to the Final Judgment -- pull your credit report, and file a challenge with EACH of the 3 major bureaus -- with a copy of your final judgment showing you are to be held harmless as of date. That is the best way to challenge ...

Answer 3

you will have to contact a lawyer and take him back to court. unfortunately, you won't be able to get your name off the card unless he agrees to that (you ask the cc company to remove your name, they send him a letter asking if it's ok if he says no, you are screwed) with your name on the card, your only recourse is court. the cc company will expect you to pay if he does not. court orders are not recognised by cc companies.

Answer 4

YOU SHOULD NOT BE ON THAT CARD. YOU SHOULD HAVE HAD YOURSELF REMOVED FROM THAT CARD AND THE JUDGES ORDER IS BINDING WHICH MEANS THAT HE IS RESPONSIBLE FOR THE REPAYMENT OF THE CARD. YOU NEED TO GET IN TOUCH WITH THE BANK THAT ISSUED THE CARD AND REMOVE YOUR NAME FROM THAT CARD. SHOW THE JUDGES ORDER, THAT SHOULD BE ENOUGH TO REMOVE YOU AND CLEAR YOU FROM THE DEBT ON THE CARD.

Answer 5

back to court