I have been divorced for 2 years and my name is still on credit cards that my ex has. I have been receiving collection calls from the card c...

Question

I have been divorced for 2 years and my name is still on credit cards that my ex has. I have been receiving collection calls from the card company's. What can I do to get my name off of the cards so my credit is not ruined?

Answer

Of course, if your name remains on your ex spouse's credit cards without your consent or control; you have the right to demand them back. One also always has the right to cancel and close a credit account at any time, or, if appropriate, report it lost or stolen. Each of these steps would result in account closure, which is probably the result you want. Of course, the balance owed will remain and may be collected against you if not timely paid by somebody else. Usually, a divorce judgment will divide marital debt and determine who is supposed to pay it. If this is your ex and he or she does not pay, you can bring contempt of court proceedings in family court which can potentially result jail as a sanction for flagrant noncompliance. However, depending upon how much is owed (and on how many different accounts), the cheapest way to protect yourself may be bankruptcy. Unlike family court, bankruptcy only requires a single court appearance which will discharge all credit card debt, regardless of how many different accounts or who is responsible. Family court, on the other hand, can require many expensive court appearances with uncertain results. Judges in contempt proceedings cannot deliver sanctions such a jail unless the responsible party is reasonably able to comply, meaning that the ex may have a defense if unemployed or otherwise impoverished. All of this is untrue in bankruptcy; the discharge is granted regardless of circumstances, so long as you were not involved in any sort of fraudulent conduct with regards to creating the card balance such as lying about your income to obtain the account or running up a balance with no reasonable prospect of being able to repay it). My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are always welcome to contact my office in Racine to discuss any additional questions.