Credit Card Debt and Divorce

Credit card debt and divorce don't go together like "horse and carriage," "love and marriage," or whatever that old song is. Credit card debt and divorce do not make you want to hum a catchy little tune. But I will think of the check inside this envelope as a Christmas present to myself. 

I've lost more than a little sleep over the mounting credit card debt that is accruing in my name due to an unclosed account leftover from my marriage. Styling itself as a sort of Catholic Pope of the financial world, U.S. Bank, as is typical of credit card companies, does not recognize divorce. You can read more about that HERE if you like. 

I thought the document my attorneys prepared governing the division of joint assets had me covered, but I was MISTAKEN, so I've done what has served me best in my divorce--relying on my own gut.  In the course of my marriage I possessed little talent for reading the writing on the wall, but in the four years and seven months of the divorce process, I've been schooled.

Since my email of more than a month ago to the co-owner of the account went unanswered, I figured the ball is squarely in my court. After emailing him again yesterday morning, I closed the account and made a rather substantial payment on the balance in order to keep the peace. Worth it.

A open credit account in the wrongs hands equals the destruction of my credit score, and possibly the derailing of plans that will allow me to move to a house where my mom can live with me. I won't let that happen.

An excerpt of my letter, for anyone who may need it, is below:

I am enclosing a copy of the final decree of divorce and an excerpt from the document detailing the final division of joint assets in which XXXX is assigned responsibility for this account. Unfortunately, there is no incentive in place for XXXX to close the account, and I fear the balance will continue to mount, damaging my credit even further. I am also enclosing a check for XXXX.00 to be applied to the current balance of the card on the condition that the account be closed immediately to all future charges so that no further indebtedness can be incurred. You may continue to send future bills to XXXX at the address of record. 

I also ask that this letter and its supporting documents, including the enclosed photocopy of my check, be entered into my file. My current name is XXXX and the last four digits of my social security number are XXXX. My current address is XXXX.

I would very much appreciate a response to this letter.

Credit Where Credit is Due

Below is the exact text of an email I sent yesterday:

Hi,

I tried again recently to get my name taken off our joint credit card. No go since I am joint owner of the account. 

It is possible to close the account even though a balance remains. Bills would continue to arrive, etc.

Would it be all right with you if I closed it? It's important to my personal and financial well-being.

Please let me know.

I have not yet received an answer. But my brain is working overtime on this thorny issue. I have not used this card since October of 2008, and the balance continues to grow and grow. 

Credit card companies do not recognize divorce, which I've written about here,  and here. 

Yesterday I called the credit card company for advice. "You could get an attorney and take him to court," the young woman said.  Ha, ha, ha, I said, not going into any detail about the fortune that I've already spent on my divorce. But, yes, I thought, after I hung up, what about the Stipulation to Divide Joint Assets? Didn't my attorneys include some provision about this credit card, and yes, I will invoke whatever solution lies within this legal document, because several times I expressed my concern over this card to them, and yes, that's where the solution is!  Here is what I found in the Stipulation. 

Credit card account xxxxxxx : (Respondent shall close the account upon payoff by Respondent)


HMMMM. Toothless is the word that comes to mind. 


Meanwhile debt continues to mount in my name while I ponder my options. One option I am NOT considering is going back to my attorneys for advice on this one.

Credit Card Company Caper Continues

"We don't recognize divorce," the woman on the telephone said. I was a tad bit taken aback. I have a Final Decree of Divorce. It's signed by a judge and has an insignia from the court.
"Does that mean my ex-husband shouldn't have remarried?" I ask.
Pause.
"As far as we're concerned, the agreement you entered into with the credit card company when you opened this account supersedes marital status."
Oh.
The above conversation ensued after I learned I could not take my name off of one of the joint credit card accounts I still hold with Mr. Ex.  I can't take my name off of it, because due to certain "credit rating issues" Mr. Ex isn't eligible to have the account in his name only.
Oh.
He needs to be hooked up with me and  my alimony which I get from him in order to qualify for a credit card?
Really?

photo: the digeratilife.com

Roarrrrrr Snarrrrrrl Grrrrrrowl

I must have an evil alter ego somewhere. Actually, I'm pretty sure I can access it, I just don't want to unlock that box.

As the 3rd anniversary of Mr. Ex's departure approaches, I have become increasingly cranky at having my financial affairs entwined with his. About five seconds after I got my first alimony check, I stopped using all of our joint credit cards, never touched the ATM cards for our joint accounts, never wrote a check. He, however, is still using our joint checking accounts (currently funded by his money)--one of which he is consistently overdrawn on.  I don't suppose this is good for my credit rating. It is certainly not good for my mental health. It is not possible to simply remove my name from the account, so it must be closed.

On June 30th I sent Mr. Ex an email titled, "I'm going to close our xxxx Bank checking account." I asked how much time he needed to reconfigure his automatic bill pay. How did he respond?  He didn't. Zilch. Zip. Nada. I've been busy writing, so I let it go. Today, I decided to close the account and drove to the bank. Hmmm, I thought, maybe I should give him one more chance. All those bills on autopay. He has a baby in the house. What if they shut off his water or his power or the gas? So I sat in my car and  called his secretary and asked to speak to him. He was too busy, so I asked her to give him a very specific message.  "I need to close the account," I said. (I didn't tell her he is consistently overdrawn). "He has a lot of bills on autopay."

I ran an errand. I came home. The account is overdrawn again.

Is there something I can take to make me meaner?