Q: Debt incurred by ex on a joint credit card that was supposed to be closed. They stopped paying. What recourse do I have?
This credit card had a zero balance and was supposed to be closed at the time of the divorce by my ex, (yes, my fault for not checking).
18 months later, $3,500 was charged by my ex and they are not making monthly payments. The ex acknowledges the debt is theirs. Claims they didn't know it was still a joint account.
I only learned about it when the payments were missed and the company found me to pay the debt. Not wanting my credit damaged, I have been making the payments.
The ex now says they are filing for bankruptcy.
What recourse do I have? Should I file a Small Claims case? If so, the payments I am making will far exceed the $5,000 limit given the 29% interest on the account, (I can not afford to pay the account in full).
If minimum payments are made it will take 16 years and $9,000 to pay off the account. Is that the amount I should file for as a Civil Case? Is there some hybrid option to account for the interest being paid?
Thank you for your advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.