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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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My divorce was final 1/27/06. It stated I am responsible for

Customer Question

My divorce was final 1/27/06. It stated I am responsible for all debt and charges for our Discover card after 7/27/05. I am the primary card holder but my ex husband's name is ***** ***** the card. I may have to file for bankruptcy. Will he be held responsible for charges after 7/27/05 and will it affect his credit score?
Submitted: 18 days ago.
Category: Legal
Expert:  Legalease replied 18 days ago.

Hello there --

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Was your husband a joint account holder or was he just an authorized user on the card? The difference is that when you opened the account or you added him to the account, if he actually signed an agreement or told them on the telephone that he would be responsible for the debt along with you (then it would be a joint account). If you simply added him as an authorized user and YOU asked for the card to be issued in his name, and he never had any contact with the company, then he would not be responsible for the debt in any manner and it will not affect his credit.

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I had a similar situation happen to myself and my husband. My husband and I separated and he declared bankruptcy. I was an authorized user on one of his credit cards and I had used it a few times. The company tried to get me to pay the bill and I simply told them that they needed to present me with something stating that I had agreed to be a joint account holder and agreed to pay the bill in the event that he did not pay the bill. They also tried to add it to my credit report and I wrote to the credit reporting agencies and explained the situation to them. The company backed off and the mark was removed from my credit because I was an authorized user and not a joint account holder.

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Regarding the fact that you agreed to accept responsibility in the divorce -- if it was a joint account and you were both responsible for it, then the company has no legal obligation to abide by your divorce agreement and they CAN pursue your ex for the balance of the bill if he was a joint account holder. Generally speaking, I advise my clients at the time of the divorce to get the company to let one spouse assume the bill and remove the name of the other spouse. So if your ex was a joint account holder then your attorney at the time should have told you to contact these companies to see if they were agreeable to letting one or the other of you take over the account and the billing.

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Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will receive credit for my time assisting you today. I receive no credit unless you press a positive rating above. THANK YOU

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MARY

Expert:  Legalease replied 18 days ago.

Hello again --

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Do you have any further questions for me? IF not, can you please provide a positive rating in the rating section above so I will be paid and given credit for my time assisting you today. I am not given any credit or paid for assisting you unless you press the middle star or the fourth or fifth star to the right of the middle star in the star rating section above. THANK YOU VERY MUCH

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