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I have been ordered by a divorce to to accept a debit, which…

Customer Question
I have been ordered...

I have been ordered by a divorce to to accept a debit, which i have agreed to, however I need to have the CC company accept the change of responsible parties. I want to use the novation agreement as a means to do this.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Wyoming

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I can not afford one at this time, but i have to get the debits changed over asap

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a basic idea of how they work, but need a template for sending out them out to the prescribed companies.

Submitted: 11 months ago.Category: Legal
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Answered in 4 minutes by:
9/16/2017
Lawyer: Maverick, Attorney replied 11 months ago
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,656
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Lawyer: Maverick, Attorney replied 11 months ago

I think you may be misunderstanding something here. A divorce court's order forcing you to payoff your spouse's credit card debts has not affect on the agreement that you and your spouse signed with the credit card companies; and the CC companies have not duty to take your spouse's name off of the debt [i.e. sign a novation agreement] just because a court order allocates her debts solely to you. For example, if you fail to comply with the court order by not paying the credit card debt, the CC companies can still sue your ex-spouse for all or part of the debt assuming your spouse signed for it in the first place. Your ex-spouse would have to pay the credit card companies the money and sue you in court for contempt of the divorce decree.

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Customer reply replied 11 months ago
The cards, there were 8, that were in one name only, the ex, I have agreed to accept the debt, and want the cc to remove the original name on the cards and replace them with mine, there fore reliving the original aprty of that debit, so that the credit company WILL NOT to come back to the original party, this will prevent the original party from sueing me.
Customer reply replied 11 months ago
I cant put the 60 on this card, and i have no others to use. so I can not call
Lawyer: Maverick, Attorney replied 11 months ago

You can try to contact the credit card companies and see if they are willing to do a novation and replace you as the debtor instead o the ex. My experience is that they will opt not to do so. You will have a better chance obtaining an independent loan yourself based on your own credit standing and using that money to pay off the credit card debts that are in ex's name.

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