Does a credit card company have a right to sue me regarding debt that my ex was responsible for paying?
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Does a credit card company have a right to sue me regarding debt that my ex was responsible for paying?
My ex and I were divorced 2 1/2 years ago. He filed for bankruptcy late last year and it was final over 5 months ago. My credit report shows that this was written off. Can they sue me?
Asked on June 28, 2011 under Bankruptcy Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately just because he was relived of this debt doesn't mean that you were. If you were both co-signers on the account then you were both "jointly and severally liable". This means that your creditor could go after one or both of you for repayment. Additionally, no matter how this expense allocated in the divorce decree, the creditor was not a party to the divorce proceedings. The final decree was between you and your ex-husband. Therefore the creditor in question is not bound by its terms. Accordingly, you bear responsibility to pay this debt. However, the decree is still binding on your ex-husband, therefore you can get reimbursement from him for any sums that you are must pay.
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