I have a client sued by Discover card on an account that was, by the terms of her divorce decree, the responsibility of her husband. My initial research leads me to believe that the divorce decree doesn't relieve her of her liability to Discover, and that her recourse is to seek indemnity from him. Am I right that she's still liable to Discover?
Answer: Don’t know about the effect of the divorce, but I got in one of these once and found, to my amazement, that the credit card company (not Discover) couldn’t prove the contract or the balance. Somehow these credit card companies have become so electronic that they find it very difficult to find things like paper contracts, etc. It’s not a bad tactic to just deny and put them on their proof of everything.
Posted on Thu, April 29, 2010
by Sharon Coleman filed under