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    cliffy1040's Avatar
    cliffy1040 Posts: 5, Reputation: 1
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    #1

    Apr 17, 2008, 03:08 PM
    Confused about secondary card holder rights?
    I divorced in August of 2007. I was ordered to pay off a credit card that was joint in writing. The judge ordered me verbally to close all joint accounts. I complied. I closed the account and it was paid to zero. I was secondary on this account. My ex-wife reopened it the next day. I reclosed it the next week after finding out it was reopened. My ex-wife sent me a form to sign to remove me from the account. I complied and sent it back. She never sent that in to the credit card company. I made a copy of the form with my signature prior to sending it and sent that enclosure with a letter. 2 weeks later, my ex-wife again reopened the account and took a balance transfer on it for 22000 dollars. I found out about that from a credit report a month later and complained to the credit card company that I closed the account and the second closer was through fraud/security division and they froze the account until my name was taken off. Through numerous interactions, the credit card company says I'm liable for the amount, I can't get my name off the account without the primary's permission, and I can't permanantly close the account. Is this legal with a California resident and the credit card company out of Delaware?
    SBU's Avatar
    SBU Posts: 51, Reputation: 3
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    #2

    Apr 17, 2008, 10:15 PM
    I work with credit cards and I'm surprised the company is letting you guys open and close it that easily. When I close a card per the customers request it stays closed unless it was because the credit card was lost and needs to be reissued. Also, you won't be able to remove your card from the account. Divorce is a civil matter while the credit card is a legal binding contract. As long as the card has a balance you are liable for the amount whether a judge said the debt is assigned to your ex wife. I have dealt with this numerous times, and while it totally stinks, a contract is a contract. Even though you are the second name on the account, you are liable for everything and if payments aren't made by your ex, than it will affect your credit. While you can probably sue for the amount your wife isn't paying, but in the mean time if it goes delinquent it will still affect your credit. Call them and ask if you can have it permanently closed. While you are a co-borrower, on credit cards, your rights are the same as her rights.
    cliffy1040's Avatar
    cliffy1040 Posts: 5, Reputation: 1
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    #3

    Apr 18, 2008, 12:27 PM
    If I had the same rights as the primary, why couldn't I close the account permanently? The balance was zero both times I closed it. It only went to 22000 after the second reopening and against my will. It is closed now at the company's desire after the numerous inquiries from me on the website mail.

    I know a contract is a contract, but the fact the balance was zero both times I closed it should mean the contract was voided because I closed it.

    I do understand that the divorce order has nothing to do with this except when I go back to that Judge to get this resolved.

    I wanted to know what the law says about my right to close a joint account as secondary. I still have not received a read on the law part of this. It seems ridiculous that they say I don't have the power to permanently close the account, can't get my name off the account without the primary's permission, and don't have any power to stop any of this even though I did everything I could to stop it. This is just wrong.

    Only when I complained heavily did the company close it themselves. It is not forever closed but the balance is still there.

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