Can someone tell me what power, if any, I may have in this situation? My divorce decree states that my ex is responsible for 50 % of all non-student debt on our credit reports. I live in WI, a marital property state. He scampered away to Texas. Unfortunately, HE is responsible for 100%+ of the credit mess...I am being harassed by collectors because they, like me, can't reach him. What are my rights? Can I use this statement in the divorce in anyway way to my advantage when negotiating with debtors?
2006-07-27 11:52:56 · 3 answers · asked by sunday siren 2 in Politics & Government ➔ Law & Ethics
State Vs. State matters not at this point.
The decree is gold to the collectors.
First get the collectors names and address.
Second copy the decree section that specifies you are responsible for 50%, and request a bottom line pay-off of your 50%
Third request payments if you have to, and get it in writing that when you are paid off, you get a good rating for it. Noting the circumstances.
Note: If you had a vehicle repoed. They sold it at an auction. Request the unpaid amount (50% only)
Been-there-done-that. Good Luck.
2006-07-27 12:00:07 · answer #1 · answered by jinx4swag 3 · 1⤊ 2⤋
A divorce decree is a legally binding judgement. Unfortunatly, you can't get him to pay more than 50% but if he's not paying, you need to go to court and file a motion for breach of the divorce agreement. The judge will rule against him summarly and issue a warrent for his arrest (most likly.) Then the Texas Rangers will be notified of the warrent and when he is caught, he will be returned to WI. The court will order his wage garnished and if he owns property, they can put a lean on it.
You also have rights with the debt collectors against harrassment, and you may have rights in regards to the fact that you have honored the decree. Who's name are the cards in?
Follow up with your lawyer, as these are generic overviews of the laws and vary from state to state.
2006-07-27 19:00:31 · answer #2 · answered by Greg P 5 · 0⤊ 0⤋
I seriously doubt it. I live in NC and my husband left me with a lot of debt, of which he was required by our separation agreement and our divorce papers to take on certain debts and I would take on certain debts with each person being required to refinance if necessary and have said debts in mine/his name only. We'll he didn't, he scampered off to Arkansas, and they came after me because I was legally his wife at the time of the debt/loan or whatever and I was also responsible. I'd contact a lawyer and get his advice. Good luck!
2006-07-27 18:59:17 · answer #3 · answered by lilbitadevil 3 · 0⤊ 0⤋