Fixing credit record

Old 08-02-2007, 10:13 PM
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Angry Fixing credit record

I'm hoping someone will have some advice for me here.

When I split up with first husband, I tried to get his name taken off one of my credit cards but they wouldn't take him off it even though he was not a co applicant, just an added on name. It has now been about 10 years and I was just turned down for a credit card application. When I got my credit report to find out why, it turns out he's still using that credit card, has over $4000 on it, the account has been 'locked' I think is the term, and he's only paying about $200/month on it. It will take him forever to pay it off at that rate, and meanwhile my near perfect credit rating has THIS on it now.

We haven't spoken for years, just the occasional email. I sent him an angry email, demanding to know what was going on and what he planned on doing to fix the problem, and now no replies at all. I thought he might actually have committed suicide to avoid the whole mess ( would not be out of character for him) but he's still alive.

What can I do to clean up this blemish on my credit history?? How can I get him to pay it off? I've since moved to another state, so I don't know if I can even sue him in small claims court for it, and have his wages (if any!) garnished to pay it off. He's always been dirt poor, one of those who just never seems able to make any money despite boundless intelligence and talent, and he may not be working at all, he said something long ago about applying for Social Security.

I thought the account was closed but obviously not and he must have had the address changed on it as he doesn't live where we lived before. I still have the account number so I can call and get balance and payment info but if I close the account now, it still needs to be paid off! and it's still on my record as bad credit. I have an obsession with maintaining excellent credit so this is a real test for me! How on earth did I end up married to two different deadbeats?? (second exAH is supposedly making monthly payments to me for my paying off his credit card debts when we married - don't hold your breath.)
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Old 08-03-2007, 05:13 AM
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Unfortunately you can not make him pay anything.
If the debt occurred while you were married to him, it belongs to both of you.
Yes that does not sound well but that community property for you.

“And the two shall become one”


I’m a very strong avocet of cutting all legal ties to those who have no regard for responsibility.

I had to file a beautiful BK in order to get out from under the mountain of debt the my dearly beloved left for me.
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Old 08-03-2007, 05:17 AM
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Who is the "they" that you refer to in refusing to take your name off of this account? Was it the credit card company or the judge? If it was the credit card company I would think that you would have a whole lot of options:1) your card is being billed to an address other than the one you use. 2) the name signed on the receipts isnt your signature 3) your divorced decree should have some language in it that says all debts incurred after such and such a date are not yours. I would make a call to the credit card company and if necessary an attorney so that you can make sure that this is taken off of your credit rating.

Good luck,
quietsins

ps... trust me, you arent the only one who has made horrible decisions when it comes to deadbeats.
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Old 08-03-2007, 05:57 AM
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If I were you I would call the credit card company and tell them you are divorced and demand that it be closed if they will not close it I think you can demand that it be taken out of your name since you do not use it. Credit card companies do have ways of filing grievances you may also get some help with some of the credit counseling services of which there are many places to go...
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Old 08-03-2007, 06:40 AM
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Originally Posted by quietsins View Post
Who is the "they" that you refer to in refusing to take your name off of this account? Was it the credit card company or the judge? If it was the credit card company I would think that you would have a whole lot of options:1) your card is being billed to an address other than the one you use. 2) the name signed on the receipts isnt your signature 3) your divorced decree should have some language in it that says all debts incurred after such and such a date are not yours. I would make a call to the credit card company and if necessary an attorney so that you can make sure that this is taken off of your credit rating.

Good luck,
quietsins

ps... trust me, you arent the only one who has made horrible decisions when it comes to deadbeats.


Great advice! I read up on this on this site-and doing the letters to credit card company-and credit report companys etc.....this site was a good bit of advice-like above!

http://www.thecreditbible.com/27.html

Scroll down a bit to divorce-


Good Luck and sorry you are going through this!
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Old 08-03-2007, 06:50 AM
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trying to get it..
 
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Originally Posted by quietsins View Post
Who is the "they" that you refer to in refusing to take your name off of this account? Was it the credit card company or the judge? If it was the credit card company I would think that you would have a whole lot of options:1) your card is being billed to an address other than the one you use. 2) the name signed on the receipts isnt your signature 3) your divorced decree should have some language in it that says all debts incurred after such and such a date are not yours. I would make a call to the credit card company and if necessary an attorney so that you can make sure that this is taken off of your credit rating.

Good luck,
quietsins

ps... trust me, you arent the only one who has made horrible decisions when it comes to deadbeats.


good post and agreed..now that you have formally been divorced, you can cut th threads regards your CC etc...but, IF you did not protest his use of the card until he had used it after your divorce you might be on dicey grounds they will say you never took action to stop or drop the account there- by giving tacit approval regards its use......that sux I know....personally I would call the company ask to speak to a supv. explain that at this point the debt. will never get paid off and try to negotiate ...they do negotiate and you may ultimately be on the hook for the 4K but may be able to get it reduced and will have to pay it off yourself to get your credit cleared...call Equifax also, they have good advice on how and what to do to clear and re-build your fica rating...
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Old 08-03-2007, 06:56 AM
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The squeaky wheel gets greased.

I'd be on the horn with equifax and the credit card company. Sometimes you can write to the credit agencies explaining a problem like this and it can help. And I for sure would be speaking with whomever I had to at the credit card company to get this taken care of. Since the debt occured after your divorce, if the credit card company won't give you relief, you may want to take him to small claims court.
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Old 08-03-2007, 09:17 PM
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Thank you all so much for good information and advice!

This credit card was my own personal card before marriage. It was never a joint account. I got a second card in his name, like you can do for family members, after we married. When we separated I asked the credit card company to take his name off the account, and they refused.

The debt must all be post separation and divorce. I never ran a balance on it! So no, this debt is not community property.

I hate confrontation and I hate asking for something I really need but might not get. I want to know what options I have before I take action so I know what else I can do if I get turned down.

At least the second time around, I never gave him a second card on my personal accounts and I took away and destroyed all his joint credit cards when he went into a 21 day detox program. Still, how smart was it to invest my money in his debts and IRA??? Never again!!! it'll be some other dumb mistake next time.

Makes ya wanna check the guy's credit history before getting involved again ... The first one had no credit record of his own - bad sign; the second one had thousands of dollars in credit card debt and no savings account of any kind - real bad sign.

How do you go about checking on someone else's credit record, anyway?
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Old 08-04-2007, 05:18 AM
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You cannot check someone elses credit record on your own. The only way to do that would be for the person to order his own credit report and allow you to see it. The laws are pretty strict on this issue.

In my experience, my AH had a joint credit card with his ex-wife. In the divorce it was stated that she would keep the debt. Needless to say, she defaulted and it adversly affected my husbands credit. When it came time for us to buy a house, I called the creditor and discussed the issue with them. They told me that it didn't matter what the divorce decree stated. His name was on the account and he was responsible for the balance. On the brighter side, they did agree to a settlement amount which was less than the balance, which we paid. I hope you hear better news. Good luck.
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