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Terry L.
Terry L., Attorney
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Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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My girlfriends ex-husband was awarded a Wells Fargo account

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My girlfriend's ex-husband was awarded a Wells Fargo account in the divorce. A year later, he has stopped making payments. Wells Fargo, has put the late payments on her credit. She sent Wells Fargo a copy of the divorce decree stating her ex-husband was responsible for the debt. They are still pursuing her and trying to negotiate a payoff for her to pay. In addition, Wells Fargo gave her ex-husband her new phone number (that she had changed because he was harassing her) and now he's calling her again.

Is my girlfriend responsible for this debt since the court awarded it to her ex-husband? If Wells Fargo charges off the account, can she dispute it to the credit agencies with the divorce decree and have the charge off removed? If she payoffs a settled amount, should she do it over the phone or through a paperwork trail? She lives in Texas, near Dallas. Thank you.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.
While she is on the account, the hold harmless clause of the divorce decree makes him responsible. She needs to file a contempt charge in the divorce case for his failure to pay. I wish they would simplify this matter, since this happens more times than I can count. She should talk to her divorce attorney before paying it off, as there are tax consequences in a debt settlement as well.
Customer: replied 5 years ago.
Her divorce attorney told her this is what she gets for marrying a dead-beat and he could take care of it for about 2-3 thousand dollars. Wells Fargo wants to settle for $1,100.00. She has paid off her $8,000.00 worth of debt from the divorce. If she does not pay it, are the credit bureaus required to take it off of her credit if she disputes it with the divorce decree. She just found out about this Friday, and Wells Fargo is saying they are going to charge it off next week.
Expert:  Terry L. replied 5 years ago.
Unfortunately the creditors don't have to report that 1 party's responsibility is taken care of. Each party is responsible for the whole. Any settlements can cause tax consequences too. She really cannot dispute the debt, since she was on the card. The proper way to resolve it is thru divorce court.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2527
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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