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New Member
ps13
Posts: 1
Registered: ‎05-06-2009

RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD

I am recently divorced.  My ex lives in a different state and owns and runs a retail store.  After the divorce was final but before I was able to cancel the credit card account used in his shop he sold a painting.  He shipped this painting and did a bad wrap job so tape got on the painting and ruined it.  The customer returned the painting and asked for a replacement or a refund.  My ex told them he would not have the painting fixed or give them their money back - he told them to dispute the charges with their bank.  The customer DID dispute the charges and now the credit card company is trying to collect not only the $400 worth of charges made by the customer plus an additional $150 in charge back fees. 

 

My ex says he has no responsibility in this mess and refuses to pay anything.  I have already had to pay over $100 in associated fees to my bank.  I don't want to lose my good credit rating but am concerned that if I pay this it will never stop - that more stuff like this will keep happening.  I did not make the sale, I had nothing to do with it.  Am I responsible because I am down as 51% owner on the credit card company account even though his name was on the account too?  Is that the bottom line?  Do I have no choice but to pay?  What if I let it go to collection and add a response to my credit reports?  I know it seems like a no brainer but I was conned by this man and have lost thousands.  I can't afford to keep paying for his mistakes.  I am disabled and live on a fixed income, he is depleting my only source of income - he is purposely doing it to cause me grief.  He knows I'll pay in order to avoid screwing up my credit - he knows how important that is to me.

 

Thanks for any advice any of you can give me.

Established Member
acguy
Posts: 14
Registered: ‎08-11-2009

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD

I have found myself in the same situation in the past when I went through divorce. I highly recommend you pay the debt and take your ex to small claims afterwards. The credit card company does not care who You say is responsible for the debt. The way they see it, you both are responsible. This can basically ruin your good credit rating. Explain the situation to the credit card company and maybe they may offer better terms to help. Also, go through all your open accounts and makesure your ex has no access to them anymore. This is one of the major problems after a divorce!!!
Established Contributor
Revike
Posts: 720
Registered: ‎05-04-2007

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD


acguy wrote:
I have found myself in the same situation in the past when I went through divorce. I highly recommend you pay the debt and take your ex to small claims afterwards. The credit card company does not care who You say is responsible for the debt. The way they see it, you both are responsible. This can basically ruin your good credit rating. Explain the situation to the credit card company and maybe they may offer better terms to help. Also, go through all your open accounts and makesure your ex has no access to them anymore. This is one of the major problems after a divorce!!!

+1

 

This is a type of situation that continually arises and needs to be addressed as much or more than any other aspect of divorce. Every account that is joint, or where one spouse is an authorized user, needs to be converted to an individual account or closed, and those actions need to be completed as part of the settlement, not afterward. In many cases, the divorce process hurts one spouse financially more than the other, including trashing their credit, and that spouse feels no regret when they are intentionally irresponsible and get some "revenge" by unfairly causing their ex to deal with debts and credit report fallout.

 

In the case of a joint account (which seems to be the case in this thread), there is no 50/50 or 51/49 split of responsibility. The bank looks at all joint cardholders as being 100% responsible, and generally the person who has good credit or otherwise needs the account to be in good standing is the most vulnerable ... 

Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD

This should have been specified in your divorce decree.  Usually, a divorce decree will specify obligation for debt incurred after divorce.

If your divorce decree did not address obligation for debts individually incurred after divorce, you had bad representation by counsel, and remain obligated as a joint account holder.

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Epic Contributor
haulingthescoreup
Posts: 28,115
Registered: ‎04-01-2007

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD

Divorce decrees can say all they want about who is responsible for which debt, but creditors don't care. If you're on the card as a joint account holder, you are equally liable for any and all debt, including the ex buying a red convertible and driving into the sunset. A divorce decree regarding credit is completely meaningless, other than to supply an additional topic for future arguments.

OP, pay it off, close the card, and haul his sorry you-know-what into court. Or if you don't want to go to court, chalk it up as another unpleasant lesson in human nature.

The ex sounds like a real prince, both with you and with the customer. I hope to heaven that you don't have any more credit jointly held with him. Mortgage?
* Credit is a wonderful servant, but a terrible master. * Who's the boss --you or your credit?
FICO's: EQ 781 - TU 793 - EX 779 (from PSECU) - Done credit hunting; having fun with credit gardening. - EQ 590 on 5/14/2007
Valued Contributor
Jazzzy
Posts: 2,672
Registered: ‎07-29-2009

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD


ps13 wrote:

I am recently divorced.  My ex lives in a different state and owns and runs a retail store.  After the divorce was final but before I was able to cancel the credit card account used in his shop he sold a painting.  He shipped this painting and did a bad wrap job so tape got on the painting and ruined it.  The customer returned the painting and asked for a replacement or a refund.  My ex told them he would not have the painting fixed or give them their money back - he told them to dispute the charges with their bank.  The customer DID dispute the charges and now the credit card company is trying to collect not only the $400 worth of charges made by the customer plus an additional $150 in charge back fees. 

 

My ex says he has no responsibility in this mess and refuses to pay anything.  I have already had to pay over $100 in associated fees to my bank.  I don't want to lose my good credit rating but am concerned that if I pay this it will never stop - that more stuff like this will keep happening.  I did not make the sale, I had nothing to do with it.  Am I responsible because I am down as 51% owner on the credit card company account even though his name was on the account too?  Is that the bottom line?  Do I have no choice but to pay?  What if I let it go to collection and add a response to my credit reports?  I know it seems like a no brainer but I was conned by this man and have lost thousands.  I can't afford to keep paying for his mistakes.  I am disabled and live on a fixed income, he is depleting my only source of income - he is purposely doing it to cause me grief.  He knows I'll pay in order to avoid screwing up my credit - he knows how important that is to me.

 

Thanks for any advice any of you can give me.


No...this does not have to keep happening. Pick up the phone today...or do whatever it is you have to do in writing...and get yourself OFF that account...and any other account you share with him. These places have CSRs who work on Sundays.

 

Will you have to pay the amount that is due now? Likely...because you are legally responsible.

 

In my opinion, if this happens after today with a new debt or problem, it's because you haven't removed yourself from these joint accounts. You can't stay on the accounts and then complain afterwards if you are held responsible. You are making the choice to be responsible for the debts and problems if you make the choice to stay on the joint accounts.

 

Get off the accounts. Pay what you have to now. Sue him in small claims. Do them in that order.

 

I apologize if it sounds as if I'm coming on strong, but you have to recognize that you can't have it both ways. He has taken advantage of you long enough. Don't listen to any whining from him about his having to make it on his own or about his having to set up new accounts on his own. It's something he should have done already anyway. Take charge.

Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD

If a court order dissolves a former spouse from debt accrued after divorce on an account, that is a rock solid legal decree of mutual agreement for resolving future disputes over obligation for debt that incurred after divorce.  It is just that simple.

 

 

Regular Contributor
phxwilson
Posts: 172
Registered: ‎03-07-2007

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD

Don't listen to RobertEG.  Most decrees are based on assets and liabilities that are declared at the time the decree was entered.  

 

Before you do anything, I would read the terms of your agreement with the CCC.  Then, make an objective decision on what is in your best interest -- considering the financial and emotional ramifications of your actions.

Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD

You can choose to listem to me. or not.  But I reiterate my opinion .

When you divorce, the court disposes of both assets and liabilities incurred during the marriage.  That I agree with.

The divorce decree should have specified the obligation, after order of divorce, that each party is independently obligated for any furthe debt incurred subsequemt to the divorce.

 

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009

Re: RECENTLY DIVORCED, GREAT CREDIT RATING IN JEOPARDY DUE TO EX'S FRAUD


RobertEG wrote:

You can choose to listem to me. or not.  But I reiterate my opinion .

When you divorce, the court disposes of both assets and liabilities incurred during the marriage.  That I agree with.

The divorce decree should have specified the obligation, after order of divorce, that each party is independently obligated for any furthe debt incurred subsequemt to the divorce.

 


 

The law is extremely clear that a divorce decree cannot prejudice the rights of a creditor on an account established pre-divorce, period. 

 

The injured spouse can take legal action against their spouse, but the creditor is well within their rights to seek -- and obtain -- judgment against either or both parties.

 

To prevent the injured spouse from future liability, they need to remove themselves from the account.  Some creditors do not allow an individual to simply remove themselves unless the account itself is closed. 

IAALBNYL

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