[yrose]

I need help please! My ex husband from 1987 went bankrupt a couple of years ago. Apperently back when, he got a credit card in our names. I'm not even sure I signed the application. I have never charged on this account, and it was decreded in the divorce as his dept. Now they are trying to sue me for it! I have remarried, but both of us are retired and I'm disabled. We have maybe enough to live out our years and our home. I'm in Texas, the last payment on the account was 10/20/2003. What should I do?

[Mr. Knowitall]

Make sure that you answer the lawsuit and appear for court hearings. You need to get a copy of the original application, which you should be able to do through discovery (but it's easier to figure that type of thing out with the help of a lawyer). Depending upon how much money is involved, you may wish to have a lawyer at least help you by drafting an answer for you as well as discovery requests in relation to the account.

[yrose]

Thank you so much for the help. If I didn't sign an application, can they hold me liable? And if I did should I maybe offer a settlement. This is for 12000.00 dollars. I might could pay 3 or 4.

[Mr. Knowitall]

If you didn't apply for the account, didn't know of the account, and didn't charge anything to the account, and that is established in court, I can't see a way they could argue that you have any responsibility for the account or balance.

I personally would ask them for a copy of the original application before making any settlement offers.

[lwpat]

You are probably better off to not pay anything rather than try for a settlement. Unless it is handled correctly, they will just keep hounding you. Send them a letter denying it is your account and demanding verification.

[aaron]

Absolutely. Don't offer them a cent until they prove that they have a bona fide claim against you. But as indicated above, don't default on the lawsuit.