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Ex Served with papers...HELP!!


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Posted by Nikki C. (208.190.181.225) on January 20, 2003 at 11:11:34:

I have a series of questions re: a suit filed against ex for uncollected debt.

My ex was served with papers from a collection agency. The documents state the defendants as him and "Jane Doe" husband and wife". The process server asked for me as well, I guess to serve me with papers. Ex told them I had nothing to do with this and that we were divorced prior to debt. I don't think he remembered correctly, because we were not divorced yet. I guess because it was a community property state, they involved me as well, since we were still legally married at the time the debt was incurred. The process server said he would make note of it and forward it to the collection agency.

BUT...here's the kicker. Before this debt was incurred, we had a legal separation that specifically states that from the date of separation forward, all debts will be separate. Apparently the CA hasn't seen this. We were legally separated months before this debt was incurred. *Whew*.

Ex says he will go to court with papers showing I'm not liable.

Here's the questions:

I am concerned a judgment will be issued in my name as well, even though I am not responsible, because they don't have any docs releasing me from liability (separation docs, etc.) Can they win a judgment if I am never served the papers? This will really "F" my credit up. I'm still recovering from the divorce. I have yet to be served, but am still concerned they will file a judgment.

I live 2000 miles away now. Does the suit against me have to be filed in my state?

Should I contact the CA and let them know I am not liable? I know it is a major no-no to contact them, BUT, if I have all of the legal docs releasing me from liability, will this help keep me from wrongfully having a judgment issued?

Help, help help! Need advice on how to handle this. I thought of submitting an "answer" to the court where he was sued, but wouldn't that basically acknowledge that I am aware of the suit and serve as notification? Not sure what to do.

Nikki
Just when you're ready to step out of the toilet...WHAM...another turd.


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