• Report: #795078

Complaint Review: Johnson Mark LLC

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  • Submitted: Fri, November 04, 2011
  • Updated: Fri, November 04, 2011

  • Reported By: CHoltz — St. George Utah United States of America
Johnson Mark LLC
Internet United States of America

Johnson Mark LLC Dismissed and garnished? Internet

*Consumer Comment: Your problem

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Johnson Mark LLC contacted me about a debt that was a capitol one credit card that was reported stolen. My ex husband ran up my cc to its limit. In our divorce decree it says he was responsible for all debt accquired during our marriage. Fast forward 3 years and I am contacted by this Johnson Mark stating I owe $1800 on this debt I just disregaurded it because I wasn't liable for this because of the decree.

I was ordered to court on 10/17/11 for this debt my current husband went for me because I had just had surgery and wasn't able to attend. The lawyer pulled my husband into a conference room discussed the issues he wanted my husband to fill out paperwork. My husband showed him the divorce decree and told him I was not the one they should be going after.

The "lawyer" said ok then, my husband asked if there was anything we should be expecting or need to know the lawyer said "nope you guys are good to go" Fast forwarded to today and they have garnished over $700 out of my bank acct. I called my bank and they said they will send me paper work on it so I called this Johnson Mark only to be sent to a voicemail so now my bills are due and I'm SOL I really don't know what to do now.

This report was posted on Ripoff Report on 11/04/2011 08:58 AM and is a permanent record located here: http://www.ripoffreport.com/r/Johnson-Mark-LLC/internet/Johnson-Mark-LLC-Dismissed-and-garnished-Internet-795078. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Your problem

AUTHOR: Robert - (U.S.A.)

Fast forward 3 years and I am contacted by this Johnson Mark stating I owe $1800 on this debt I just disregaurded it because I wasn't liable for this because of the decree.
-
This is where your problem started.

A divorce decree in this case is worth about as much as the marriage it dissolved.  Because Capital One was not a party to your divorce, that is they were not given an opportunity to object to the decree they are NOT bound by it.  So as far as they, and the courts, are concerned you are still liable for the debt.

So while you don't want to hear that the suit is valid and you are going to have to pay it, that is unfortunately what is most likely going to happen.   Not to say you don't have recourse against your ex, because you do.  This is where the decree comes into play.  The decree was between you and your EX and your EX IS bound by it.  So he can be held liable for reimbursing you any money you had to pay toward this debt.  You may even be able to get him for extra if it caused you additional money, such as late fees, higher interest..etc.  To get this you would have to turn around and file suit against him.  Then depending on the exact situation you may be able to get him held in contempt of court because he violated a court order by not paying on the debt. 

Perhaps letting your ex know the situation and the trouble he may be in would get him to open up his wallet before you have a chance to even hang up the phone.
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