We had a separation agreement where ex agreed to make payments of a specific credit card bill. The card was in my name (because my ex was a bankrupt in the past).
I accept that the credit card company can come after me for the debt, since it is in my name.
If my ex defaults on the agreement, what options are open to me?
1) I assume I can go to court and get my ex to make any overdue payments?
2) I assume I can also recover any other charges I incur like penalties due to non payment, but what about the damage to my credit score?
3) Since I believe my ex will continue to default in the future, can I pay off the entire amount (so that I and therefore my ex incur no further default charges or interest) and then sue to recover the entire amount from my ex (on the basis of breaching the separation agreement)
As I understand it I'd be under a general duty to mitigate my own loss, and it seems the best way of doing this is to pay off the debt in full to avoid any more punitive charges from card company or damage to my credit score, and then sue to recover these costs from my ex (i'd accept payments in installments eg over 1 year - the debt is less than 2000 dollars)
This is in North Carolina.