I have 3 small children and I just got divorced 2 months ago. I will be filing for bankruptcy next month. In our divorce papers it said I was responsible for two debts, a Target card bill, (which I was never on the account my ex said I had to have more than one bill on my side for our divorce to go through) and a joint car bill of which I was the co-signer on the vehicle. My exhusband got letters today stating that Ford is taking him to court, and so he called up Ford and because I'm on government assistance Ford said since he's the primary they're going after him. So he says he's going to countersue me for the money... is that a possibility?
2007-07-24 09:55:24 · 11 answers · asked by ? 2 in Family & Relationships ➔ Marriage & Divorce
Yes, he could do that. Just because Ford knows they cannot attach your assets (government assistance) doesn't mean you have no liability in the matter. You may be named in a lawsuit as his wife or as a Jane Doe (you would have been married at the time the contract was made and would be jointly sued). Your bankruptcy may or may not affect that. Consult your bankruptcy attorney for the facts.
2007-07-24 10:04:37 · answer #1 · answered by peachyone 6 · 0⤊ 0⤋
It's possible he could sue, but what could he get? Just be sure when you file bankruptcy that you tell your attorney that he has threatened you with a lawsuit. Your attorney will protect your interests by naming whatever creditors you have or had in the Bankruptcy. I will also say that if you can avoid bankruptcy, you should do so at all cost. I filed years ago and am now unable to get a decent interest rate on a home loan. Attorney's will tell you, "oh you can have credit in no time." Which is true, but you will pay higher interest rates for quite some time to come. Hope this helps. Email if you need to, have been through an ugly divorce and know lots of hard learned details.
2007-07-24 10:07:07 · answer #2 · answered by Lynk 2 · 0⤊ 0⤋
This happened to my ex. He filed bankruptcy for the debts and some of them had stuff that was going to get repossesed, so he had to take the debt back even though he filed bankruptcy.
In my case, I filed bankruptcy and we had a joint credit card, but I had paid my portion off based on the divorce decree. So it really didn't matter that I filed bankruptcy because he couldn't come after me for the portion I already paid. Talk to your bankruptcy attorney. I believe it's possible that he could come after you, but I don't know how he could get anything if you have no money. The judge would have the final say on that.
2007-07-24 10:15:59 · answer #3 · answered by Linda K 3 · 0⤊ 0⤋
If the divorce decree says you are responsible for those two debts (or any portion of them) then you must pay them. They cannot be dismissed in Bankruptcy court if they are a part of a divorce, in most states.
Yes, he can countersue you. By not paying, you are in contempt of court. You could actually go to jail for that, also.
Sorry to be the bearer of bad news.
2007-07-24 09:59:39 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Bankruptcy will not wipe out the debt you owe in your divorce papers. They will tell you right there that you will HAVE to pay those debts. Yes he can sue you for what you owe because if you don't pay he will have to and he has every right to recoup that money. Banckruptcy is NOT a freeride.
2007-07-24 18:27:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Do the right thing. ALL THE TIME. No matter how hard it is.
Get an attorney's opinion.
Sell the stupid car, pay it off, or take it back to Ford and hand them the keys.
Live within your means in the future.
Good luck!!
2007-07-24 09:59:50 · answer #6 · answered by flyfish_777 4 · 1⤊ 0⤋
I am discussing bankruptcy with an attorney right now too and as long as you list your ex-husband as a debtor in your bankruptcy, then he can't take any legal action against you. I hope that makes sense for you. :)
2007-07-24 10:09:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
He can countersue but wont get anything...it will be thrown out of court seeing as you are on assistance. Don't worry...you are doing the best you can...filing bankruptcy will get rid of that headache...it may take a few years to build your credit but don't let him bully you into thinking your going to have to pay...they will go after him after all he is just as responsible and you are taking care of your end by filing for bk...he knows he wont win...he is just bullying you...
2007-07-24 09:59:03 · answer #8 · answered by M R 3 · 0⤊ 3⤋
Best check the bankruptcy laws before you file they have changed???Better get another lawyer he's sticking it to you.
2007-07-24 10:07:43 · answer #9 · answered by 45 auto 7 · 0⤊ 0⤋
yes actually if you file bankruptcy he will be forced to file too.
But if its in the divorce papers that you are responsible for that debt you will be found liable and there is nothing you can do about it
2007-07-24 09:58:51 · answer #10 · answered by cwilsonhappylife 3 · 1⤊ 1⤋