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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I just wanted to get some legal advice on a credit card I

Customer Question

Hi,
I just wanted to get some legal advice on a credit card I had with my ex husband and never used. We divorced and he signed a stat dec to say he was liable for the debt. It's now in the hands of pioneer credit. He pays $25 a week off a $10000 debt. I have a bad credit rating cause of it. In our settlement it states when he is finically able he has to pay them off. He earns $107000 a year. It's been nearly 8 years now and I want my name off them. Is it worth going to court?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Patrick H. replied 10 months ago.

The statutory declaration is evidence of the agreement you had with your partner regarding repayment, and therefore could ground a claim before the court that he repay the debt on a more urgent basis. If you can also prove that he incurred the debt and that he indeed earns the income you describe then likely you could obtain a favourable order that he repay the loan at much faster rate, but how fast will depend on a fuller understanding of your ex's financial situation and obligations.

If you do have proof of his earning capacity then it may well be that if seriously confronted with the prospect of legal action, that he would simply deal with the matter, so if you engage a lawyer to press him for payment, it would seem sensible for him to simply deal with the matter or come to a more satisfactory repayment arrangement with you to avoid legal action. So it may be that legal help may assist without the need for actual litigation.

I trust the above assists.

Good luck and please rate my answer.

Patrick