Robert
Irvine,#2Consumer Comment
Fri, April 15, 2011
The bank used what is known as the "Right to Offset", and this is one of the cases that is really bad as you had nothing to do with the debt but you are basically being held responsible for it. However, as much as it sucks, the bank is right.
They are not bound by a Divorce Decree. It basically gets down to the fact that since they were not a party to the divoce and didn't have a chance in court to object they are not held to the Decree.
Now is all lost..NO. What your wife needs to do is file a Civil Suit against her Ex Husband. This is where she can use the Divorce Decree to get a judgement against him. Once she gets a judgment she can take further action that may include garnishing his paycheck or attaching any bank accounts he may have. Just the threat of a suit may get the ex to open up his wallet pretty quicly.
Oh and just about every other bank would have done the same thing. So before you jointly open up any other accounts you better make sure that there are no other delinquent accounts hanging out there.