§ 9-12-323 - Joint credit card accounts.
               	 		
9-12-323.    Joint credit card accounts.
    (a)    (1)  After  a court has determined or approved a property settlement agreement  establishing the party responsible for any joint credit card account  debt in a divorce action maintained or being maintained in the courts of  this state, the nonresponsible party may notify the issuer of the  credit card of the court order by sending a written notice containing  the account name and account number of the joint credit card accompanied  by a certified copy of the court order and property settlement  agreement, if any, by certified mail, return receipt requested to:
            (A)  The address that the issuer has designated for making payments on the credit card account; or
            (B)  The customer service address provided by the issuer.
      (2)  On  the date the notice is processed by the issuer of the credit card, not  later than the fourth business day after receipt of the notice by the  issuer, the nonresponsible party shall not be liable for any new charges  on the credit card, other than charges made by the nonresponsible  party, but shall remain liable for the balance due prior to the date the  issuer processes the notice and all interest and late fees accrued or  thereafter accruing on the balance.
(b)    (1)  The issuer of the credit card shall:
            (A)  Provide  the nonresponsible party with written notification of the credit card  account balance as of the date of processing the notice;
            (B)  Remove the nonresponsible party as an authorized user of the credit card account;
            (C)  Either  cancel the credit card or suspend the effectiveness of the credit card  for a period not exceeding thirty (30) days to allow the issuer to  evaluate any request by the responsible party to continue the account as  a separate credit card account of the responsible party; and
            (D)  Apply all payment made after the date of processing the notice:
                  (i)  First to any fees assessed against the account;
                  (ii)  Next to the accrued interest;
                  (iii)  Next to the principal of the debt existing on the date of processing the notice; and
                  (iv)  Finally to the principal of any debt incurred after the date of the processing of the notice.
(c)    (1)  This section does not prohibit the issuer of the credit card from issuing a new credit card to the responsible party.
      (2)  If  as a result of receiving the notice under this section, a new credit  card is issued in the name of the responsible party, the issuer may:
            (A)  Transfer the outstanding debt to the new credit card account for which the responsible party is solely responsible; or
            (B)  Issue  the new credit card with a zero ($0.00) balance and allow no new  charges on the original credit card account, and both parties who are  the obligors on the original credit card account will remain responsible  for paying the debt from the original account in accordance with the  terms and conditions of the original credit card account until the  balance is paid in full.
(d)  Proof  that the nonresponsible party notified the issuer of the credit card in  compliance with this section shall be an affirmative defense to any  action to recover card debt resulting from any charge on the account  after the date of processing of the notice.