Expert: John Hall - 2/27/2006

Question
My father is receiving collections calls for $12,000 in debt that his ex-wife has occurred on a credit card, which has his name on it as well, after the divorce that was over 3 years ago.  On his credit statement, under the credit card's liability section it has “not responsible” while his other cards say either individual or joint.  The credit card company has threatened to garnish his wages and/or put a lean on the house (he lives in PA).  In his divorce papers it states that he is not responsible for any debt occurred by the other party after the divorce.  

We would great appreciate any advice on the matter.  What does “not responsible” under liability mean?  Is he responsible for this debt?  Is the credit card company violating laws by making these threats?  Thank you for any help you can give us.


Answer
Hi Katie:

Any ruling by the divorce court transferring the liability away from your father is between him and his ex.  That, by itself, has no bearing on his liability to the company.  

What does it mean if it says “not responsible” as compared to joint or primary holder?  If he is an authorized card user only, this would be the typical designation, but the system is not all that meticulous when it comes to paying attention to detail and it is very possible that even though he is only an “authorized card user” and does not have primary responsibility, the credit card collection people may think they can still get some money out of him -  they would not necessarily let the facts confuse their goal of collecting.

What does he do?  Depends on facts you don't state,  he may have different options.  This would be a lot easier to talk about on the telephone.  At the very least I could explain how you could shut down the collection people from bothering him and I wouldn't even charge you.  I doubt that they will be suing him, despite their threats (and yes, threatening criminal action may very well be illegal).  Call me if you like at your convenience.  My number is 214  321-1687  or at my call   661 492-2673.  I look forward to hearing from you.