Question:
unt how do i get this off my credit report ? What can i do ? The acount has been closed for almost 2 yrs. Weve been divorced for 10 yrs
Answers:
Any joint accounts should have been closed and re-opened as individual accounts at the time of your divorce. Since this was not done, you are legally responsible for the joint card, and will have a much harder time getting it off of your credit report.
Due to the age of the account, if the credit card company did not keep good records, you may be able to dispute the account with them, by requesting a 'validation of debt' including proof that you actually signed for the account. If they cannot provide a copy of an application you have signed, or some other proof that you are legally responsible for the account, then they will need to stop reporting the account. Here is a website that will walk you through the process of requesting a validation of debt: http://www.creditinfocenter.com/rebuild/...
If there is still money owed on the account, you may also be able to negotiate the removal of the item from your credit report if you pay the debt. This will let your ex off of the hook from a financial perspective, since you have paid his debt. However, it should still appear on his credit report. Be sure to get any agreement to remove the item from your credit report in writing before you pay it.
Send a copy of the divorce papers to the credit company and ask them to remove it. If they refuse then you need to get a lawyer.
It sucks I know
The decree is irrelevant. It's a joint account and you're both responsible.
i have been through this too. Unfortunately, when i sent the divorce decree to the credit card company, they said it didnt matter. we applied for credit together and we had to pay it off together. you can take him back to court to have them order him to pay it by a certain date, but the credit card company will not negotiate with you if your name was on it. doesnt seem fare, that the law wouldnt prevail , but the bank has the upper hand in this situation
Unfourtonately the divocre decree doesn't protect you from creditors, they can still come after you for the defaulted card. There really isn't a way to stop that. What you need to do is take your ex to court and sue him for the amount you have to pay every month. If he fails to pay you can request the judge issue a bench warrent for his arrest until he pays up.
My best friend had a hold harmless clause (your debts are yours mine are mine, I'm not responsible for your debts even if my name are on them type thing) in her divorce decree...her ex chose to file bankruptcy and allow the car he had in her name to be repoed. The bank I worked for had the auto loan and repoed the car and because he had filed bankruptcy we legally had to go after her, even with the hold harmless clause. We worked with her on the payments because we knew it wasn't her fault. In turn she got a judgment from the court that he was required to pay her X amount every month to reiemburse her for the payment she was having to foot. 2 weeks ago he failed to make his 3rd payment in a row and she requested the judge issue a bench warrent. He was arrested on Friday and is still in jail until one of his family can catch up the payments he has missed...
Here is the problem: The divorce decree means nothing to the credit card company.
The judge issued an order for your divorce on who was supposed to pay...the credit card company wasn't there to get a say. The credit card company may not have ALLOWED the amount of charges to be ran up if only one of you were on the account.
The divorce decree will not get it removed from your credit report...what you have to do, is pay it yourself, call the credit card company, and get your name removed once the balance is zero, and then use the divorce decree to SUE your ex-husband for violation of the order.
That is how you get your money back and your credit fixed.
Credit card companies (and other lenders) don't care about your divorce decree. They are not bound by your divorce decree. It means nothing to them because legally, if it's a joint account, you're responsible for payment if your ex becomes delinquent. Unfortunately, this is YOUR bad debt.
Your ex is in contempt of court for failing to abide by the rules set forth in your divorce decree. You could take him back to court, but why? It's not going to get rid of the negative credit showing your credit report.
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