As stated in our divorce decree, my ex-wife was supposed to either pay off 50% of our joint debt or refinance in her name (removing me from the accounts). I paid my half with proceeds of the sale of our home but she hasn't paid off or refinanced her portion ($8,000+) and has not made any atttempt to pay off the balances for 3 years. Since these debts still show on my credit report, my credit is now in shambles, I can't even rent an apartment. What steps can I legally take to retify the situation and rebuild my credit?
2007-05-22 00:57:08 · 13 answers · asked by Eric 1 in Politics & Government ➔ Law & Ethics
Go back to the court that ordered the settlement and ask that she be held in contempt and that additional interest, penalty and costs be added to the original judgement for failure to comply.
Should move the process if nothing else; and shows lenders you are trying to resolve.
2007-05-22 01:00:39 · answer #1 · answered by wizjp 7 · 2⤊ 0⤋
A divorce decree is a court order, therefore if he's not following the rulings made by the judge, he's in contempt and liable to going to jail, contact your lawyer that you had at the hearing and get a order issued for his arrest, bet he'll do something then. Inform the finance company of the ruling, while it might not stop them from taking the car back, it will show that you let them know about it and they can't refuse to return it if the judge issues a order for them to.
2016-05-19 21:09:50 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Does she have the money to pay? I know that this shouldn't be your problem but unfortunately it is. If you take her to court, all you'll get is a judgment and if she can't afford to comply . . . There's a saying something like you can't get blood from a turnip. If you take her to court you'll still have to pay an attorney and court costs and still held responsible for the credit card debt. If blame lies anywhere, it lies with your divorce attorney who should have stipulated in your divorce decree that the debt be paid at the closing of the sale of your home.
2007-05-22 01:04:48 · answer #3 · answered by CHARITY G 7 · 1⤊ 0⤋
You can take her to court and get a judgment against her for contempt and failure to comply - but the bottom line is that if she isn't going pay she just isn't going to pay and if she hasn't taken them out of your name by now she's not going to.
Take her to court and start the pressure on her - repeatedly if you have to. It took me three court appearances and 9 years to get my ex to comply with the court decree to pay off or refinance to take my name off his share of the joint debt. It destroyed my credit and made my life HELL.
2007-05-22 01:31:38 · answer #4 · answered by Susie D 6 · 1⤊ 0⤋
What you do is go back to the domestc relations court and file a contempt order...if she is not making a good fatih attempt to honor the judgment then she could be punished or sanctioned in someway.
2007-05-22 01:06:23 · answer #5 · answered by Dr. Luv 5 · 0⤊ 0⤋
I would certainly take legal action. Unless you do, there is no other way to enforce the decree of the court regarding your divorce. Good luck!!
Chow!!
2007-05-22 01:43:25 · answer #6 · answered by No one 7 · 1⤊ 0⤋
Contact your lawyer. If it was decreed, then that was a court order & she isn't abiding by it. The lawyer will take her back to court.
2007-05-22 01:05:36 · answer #7 · answered by Gypsydayne 6 · 1⤊ 0⤋
Definitely take immediate legal action. Freedom for Men!
2007-05-22 01:02:15 · answer #8 · answered by maximumdallama 1 · 2⤊ 1⤋
hopefully no children will be part of tryin to get her to hold up to her end of the deal if so keep it simple for the children take her back to court she will be ordered to make attempt to pay or will be in contempt of court u have every right to do this in order to clean up ur credit GOOD-LUCK
2007-05-22 01:18:41 · answer #9 · answered by jen-jen 1 · 1⤊ 1⤋
Yes
But I wish you remain without having a divorce and live happily forever.
All the best!
2007-05-22 00:59:30 · answer #10 · answered by tejas92 3 · 1⤊ 1⤋