Got a call from a collection agency today

[minkajane]

When we divorced, XH and I split up the credit cards. He promised to get my name off his accounts and I got his off mine. A few months later, I noticed a ding on my credit for non-payment longer than 90 days. I called him and told him he needed to get my name off the account NOW and provide proof that he did so. Despite repeated requests, he never provided me with any proof.

Today I got a collection call. He's still not paying his bills. At this point, I don't even think I can get my name off the account because it's in collections. I called and chewed him out. He's saying that he thought he got my name off, but he's a terrible liar and I know he never bothered. I'm giving him the number to the collection agency but I don't know what else I can do.

He's moving this weekend and he's only been there a few months. I'm wondering if he's getting evicted. He has two jobs, but doesn't work enough to pay even half of the child support DS should get, much less the back child support we're owed. I worked so hard to get good credit and in the past year, it's completely gone to hell because I got divorced, XH isn't paying his bills, and I married DH, who has pretty crappy credit. My interest rates are rising like crazy and I can barely make minimums as it is. There's got to be something I can do!

[MyTwoAs]

I worked as a collector for Discover Card in the mid 90s and unless something has changed the only recourse you may have is through the court system. Is there a judicial order stating that he pay? Even if there is one, the credit card agreement supercedes it and both parties are responsible. Was this a joint card or were you just an authorized user? If you were just an auth user then you are not responsible for it from a legal standpoint.

If he was court-ordered to pay then he is in violation of that order but that doesn't help much in the current situation. Good luck!

[minkajane]

It was a joint account because I had better credit than him and he couldn't get approved for it alone. I'm screwed.

[Auntie Sapphire]

minkajane, I'm sorry, that stinks. No advice, just sympathy.

[Ironica]

First thing: cancel the cards immediately. Nuke the accounts altogether, so he can't use any of them.

Second thing: make payment arrangments with the CC companies. You can try to collect the money from your XH, but if there's no formal agreement about splitting the accounts, good luck with that. :-/

Third thing: attach an explanation to your credit report. This will be seen by anyone who runs a credit check for a permissible purpose (i.e. you applied for credit with them), and they can take it into account when making decisions.

Fourth thing: if your XH has any proof that he attempted to get your name off the accounts, you can use that to try to get this off your record. If you do an investigation through the credit tracking agencies, you'll often get better results than by trying to get the credit card issuers to do anything about it.

I'm sorry, I know it sucks. I had a much more minor issue with my XH... I failed to get his name off my bank account, and when he didn't pay his taxes, MY account got frozen. :-/ He's a more responsible sort, though (not with money, but at least with people) and got it sorted out within a few days. Still, it was a horrible feeling.

[kijip]

If it is a joint account, you have the right to call and close the account on him. You can also file to amend the divorce papers- most states have a section for listing who gets what asset and liability. You may be able to do this without an attorney in an ex parte hearing. (you just go to the court at a specified time and the commissioner hears your case). He would need to be notified before it was made final.

Also, while it is too late for this now since it was a joint account, you could have taken care of getting your own name off it in the first place. Just a note for future reference.

Good luck!

[shelbean91]

Close the account- pay them. Take him to small claims to get the money back. It should be in the divorce who got which bills, etc.

[minkajane]

Originally Posted by shelbean91

Close the account- pay them. Take him to small claims to get the money back. It should be in the divorce who got which bills, etc.

Therein lies the difficulty. I can't pay them. I'm supporting three people on waitressing and getting very little child support. I'm lucky to pay rent and buy food every month. He just graduated with an associate's degree in computer engineering. Maybe he'll actually get himself a decent job now and start paying his bills.