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  1. #1
    Join Date
    Jun 2008
    Location
    Virginia
    Posts
    2

    Default My Ex Charged and Won't Pay

    My question involves collection proceedings in the State of: Virginia or Ohio...depending.

    My problem is this: My ex and I have a credit card that was used to purchase a wedding band. Now, I've been paying this off while he disappeared and I couldn't find him. I've moved to Virginia and and since found that he's still in Ohio - where the transaction took place. After we split, I thought I closed the account... however, apparently this never happened since he was able to charge another item on it.

    According to the company's policy, once they know that a couple isn't together anymore, the account is closed. However, they didn't close it. He mentioned that we weren't together and that he wanted me off the account before he bought whatever it was. They should have refused and closed the account. However, they said "Okay, no problem." and did the transaction. Then closed the account a day later.

    He had changed the address of the bill to go to him and I didn't realize (since I pay my bills online) the change for a month and a half. So when I realized I wasn't getting the bill, I had them change it back and found the extra charges. The minimum payment is now more than twice what I was paying, and I can't afford it.

    I don't know what to do. I want to take him to court for it, but I can't find where he lives now. He said, the last time I managed to get him to reply to an email that he'd take care of it. So I stopped paying. However, I got the bill and he hasn't paid a cent. This is the second time this has happened with this guy and honestly, I'm starting to go into depression.

  2. #2
    Join Date
    Jan 2009
    Posts
    7

    Talking Re: My Ex Charged and Won't Pay

    Not a lawyer, but here's my take.

    I am assuming this was a joint account. If that is the case, hopefully you canceled the account in writing and/or instructed them to remove the ex from the account.

    If you didn't do it in writing, it is your word against theirs and you are obligated to pay the bill.

    If you did submit in writing the ex is no longer authorized to use your account or that you were closing the account, dispute the charges as you obviously did not authorize them.

    The bottom line in this is where the liability is. You gave the ex "full authority" to use the account accepting responsibility for his actions. Unless you have documentation stating otherwise, it is your word against the lenders of whether or not that phone call took place.

    Always ask for it in writing. What you can do is try to negotiate a lower payment, or settlement on the total but be careful how you negotiate it. Tell them as part of the agreement, you don't want adverse information on your credit report.

    Before you pay, get the agreement in writing.

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