I am being sued can someone answer a question?

[needhelp]

I am being sued by a credit card company. But in my Divorce Decree my ex-husband was supposed to pay it. He is Deceased now. (Jan-2000) They are going after me but I don't think they have gone after the estate. I have only a few days to respond to their papers that they served me with should I get a lawyer or should I just send a copy of the decree and where they can contact the probate lawyer and executor of the will.
Pleae help!

 

[turner774]

Depending on what state you live in you may do a couple of things. First though, if you signed the credit card application and gave your SS#, you may be liable. If you were just a signer on the card you may not liable. You can send them a cease and desist letter (certified with return signiture request). You could file chapter 7 if the debt is large (last resort). Or you could send a demand notice of a Reccession and Creation of a New Contract. The United States code is 15 USC 1681h. Plus, if you are just a signed user of the card you could also send them Form COL (Violation Warning, Denial of Rights Under Color of Law). U.S. Code for this is: 18 U.S.C.245; 42 U.S.C. 1983 This U.S. code is used whenever someone is telling you that the action they are taking is required by law when it is not. They can be held liable for this. And last but not least, you may want to consult with an attorney in your state since you may not have time to research these U.S. Codes. Hope this helps

 

[jon_]

The earlier post is a good one. Are you being sued or is it merely a demand letter? Were you ever notified about the loan and the default or were you just served papers?

Much depends upon how the credit card application was set up. You should send a cease and desist letter and hard information regarding the divorce decree and the estate administrator. If you get sued you will be "impleading" the estate so it doesn't make sense to go about things in this manner. I'm sure they don't want to fight you if they can get the money because they might not be able to recoup legal costs in such proceedings.

 

[needhelp]

Thanks

I live in Texas. I was the primary card holder. I really thought that since I had it stated in my Divorce Decree that he had to pay this bill, that I didn't have to worry about it. But it looks like I will be getting a lawyer. So I have another question. What kind of Lawer? Divorce? Collections? General?
Thank you so much for your help!

 

[Michael Wechsler]

If it deals with the enforcement of your divorce, a divorce lawyer may be appropriate. He'll know what to do. However, your situation is far more limited and the cost should be affordable.

 

[secondwife]

HOPE THIS HELPS

USUALLY CREDIT CARD CORP DO NOT ABIDE BY DIVORCE DECREES
THEY SIMPLY WANT THE CARDHOLDER TO PAY! THE DISCLOSURE
AGREEMENT YOU SIGNED W/THE COMPANY IS SET IN STONE. IF YOUR HUSBAND WAS STILL LIVING, YOU COULD SUE HIM IN CIVIL
COURT FOR NOT ABIDING BY THE DIVORCE DECREE, BUT THIS IS
A CIVIL MATTER & THE COMPANY DOESN'T CARE WHAT YOUR DIVORCE DECREE SAYS...THEY WANT THEIR MONEY! REMEMBER...
IT'S GOING TO BE ON YOUR CREDIT...NOT YOUR HUSBANDS. THEY
CAN BE RUTHLESS ( I HAVE WORKED FOR TWO LARGE CREDIT CARD INDUSTRIES)

 

[needhelp]

Thank you!

Thank you! I am starting to realize things now. Well I sent my papers back to the court and we will see what happens. I really want to find a good and down and DIRTY LAWYER! If anybody KNOWS ONE please email me!

 

[Michael Wechsler]

Just send a request to thelaw.com for a referral!