[TxYanky]

My question involves collection proceedings in the State of: Texas

I was served, by the Sheriff, on Sept 11, 2008. This was for a motion for summary judgement. I have answered the court and the lawyers and they are going to go ahead with the case.

Background is: I am being co-sued with my ex-husband for this debt and for another loan he took out 10 years later.I believe that all these charges were made after our divorce. I cannot believe that the Credit Union where the card is would loan him any more money if the old amount had not been paid. We have been divorced for 15 years. I did not know about this debt until I was served the papers. On the divorce decree, he was to be responsible for this credit card debt and cancel the card. The card they are suing for has a different number than the original one.

I need to know what options or advice anyone can give me on this matter.

I also would like guidance on Discovery if anyone has any experience.

Thank you.

[OhMy]

My question involves collection proceedings in the State of: Texas

I was served, by the Sheriff, on Sept 11, 2008. This was for a motion for summary judgement. I have answered the court and the lawyers and they are going to go ahead with the case.

Background is: I am being co-sued with my ex-husband for this debt and for another loan he took out 10 years later.I believe that all these charges were made after our divorce. I cannot believe that the Credit Union where the card is would loan him any more money if the old amount had not been paid. We have been divorced for 15 years. I did not know about this debt until I was served the papers. On the divorce decree, he was to be responsible for this credit card debt and cancel the card. The card they are suing for has a different number than the original one.

I need to know what options or advice anyone can give me on this matter.

I also would like guidance on Discovery if anyone has any experience.

Thank you.

The problem is as follows;

If you signed the joint credit card with your husband you are still responsible for the debt even after the divorce. If you never notified the bank to close that account and not reopen it under his name alone.

It is possible that your ex lost his credit card along the line several years ago. They just issued him a new card with a new number but it is still issued under the original application with your signature on it.

You may have signed a RIGHT TO OFFSET with the credit cards, meaning if your husband took out new loans after your divorce your original credit card application with the SAME BANK was still in force as far as the bank is concerned. Meaning; If your husband and or you defaulted on any other accounts with the same bank, they have the right to OFFSET. Meaning hold you responsible for a loan you did not sign.

I am not saying this is what happened in your case, but it sure sounds that way.

[Betty3]

If the divorce decree noted your ex-husband was to be responsible for the credit card debt & then cancel the card, I believe I would talk to an attorney to see what your financial responsibility for this debt might be.

[aaron]

As credit card companies are not parties to a divorce action, while a provision in a divorce judgment can create rights against a spouse who violates its terms, a divorce judgment does not of itself in any way limit or restrict the rights of a credit card company to pursue a joint account holder for a debt on the joint account.

[Betty3]

I agree with the above but I would still talk to an attorney re your financial responsibility for the debt. You might have some recourse against your ex for breach of the divorce decree (seems you shouldn't be responsible for the cc debt - he should) though it's technically true that the credit card co. can still come after you & your ex on a jt. acct.