Separation agreement: Can I sue my ex-husband in small claims court?

Kmwing19 · Aug 14th, 2010, 12:14 PM

My ex-husband and I divorce was finalized in Virginia in 2008. During our separation we had a separation agreement that stated he will make payments on a credit card (that is in my name only) until the balance was paid off. My ex-husband stop making payments and about $1200.00 is still due on the card. Since the separation agreement is a contract (we both signed) can I sue him in small claims court for the balance? If so, I now live in Georgia and he still resides in Virginia, do I have to sue him in Virginia?

AFFA · Aug 15th, 2010, 01:00 AM

I wish to inform you that as your ex husband has agreed to pay for credit card debt therefore you may make him liable for $1200 which is not paid. The agreement to pay for credit card debt was a valid agreement and therefore enforceable. In this regard as the agreement was made in Virginia therefore you may file a suit in Virginia.

AFF

Aug 15th, 2010, 03:50 PM

You can also take him back to the divorce court for contempt.

Aug 14th, 2010, 12:14 PM	#1
Kmwing19 Junior Member Join Date: Aug 2010 Posts: 1	Separation agreement: Can I sue my ex-husband in small claims court? My ex-husband and I divorce was finalized in Virginia in 2008. During our separation we had a separation agreement that stated he will make payments on a credit card (that is in my name only) until the balance was paid off. My ex-husband stop making payments and about $1200.00 is still due on the card. Since the separation agreement is a contract (we both signed) can I sue him in small claims court for the balance? If so, I now live in Georgia and he still resides in Virginia, do I have to sue him in Virginia?

Aug 15th, 2010, 01:00 AM	#2
AFFA Top Level Member Join Date: Dec 2009 Posts: 12,553	Re: Separation agreement: Can I sue my ex-husband in small claims court? I wish to inform you that as your ex husband has agreed to pay for credit card debt therefore you may make him liable for $1200 which is not paid. The agreement to pay for credit card debt was a valid agreement and therefore enforceable. In this regard as the agreement was made in Virginia therefore you may file a suit in Virginia. AFF
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Aug 15th, 2010, 03:50 PM	#3
Unregistered Guest Posts: n/a	Re: Separation agreement: Can I sue my ex-husband in small claims court? You can also take him back to the divorce court for contempt.
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Separation agreement: Can I sue my ex-husband in small claims court?

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