Re: ex-spouse attempting to collect

Posted by Boadicea (167.127.24.69) on June 02, 2004 at 14:26:38:

In Reply to: ex-spouse attempting to collect posted by Mickey on June 02, 2004 at 14:02:37:

The original creditor of the second loan is paid off, so they have NO claim whatsoever. Whether you ex can claim to be a creditor or not really depends on how the property settlement was written. Did it say that you were responsible for paying half of the loan during the last five years? Did you even pay half of each payment during the last five years? Or did it say you were responsible to pay back a sum that was equal to half of the loan at the time of your divorce and settlement agreement?

Depending on the wording, it's *possible* that your ex could claim to be a creditor based on the settlement agreement, but he would have to go BACK to the court where you were divorced to file a complaint that you didn't live up to your agreement. How likely is that to happen?

Also, are you BOTH in the same state and county as where you were divorced? If either of you have moved away from the jurisdiction of the original court, it would be a real hassle to enforce a property settlement agreement. There's a good chance it would cost him more than any amount he might claim you owe, just to get a ruling, summon you, and enforce it in another state.

Property settlements are harder to enforce than child support. If he's sueing you, perhaps you should get a good competant attorney to look over your settlement agreement. But don't worry about the loan originator. It's clean out of the picture.

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