Re: Ex's Debt Collectors Are After Me!!!!!!
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Posted by Boadicea
(66.149.179.202) on June 16, 2004 at 20:05:37:
In Reply to: Ex's Debt Collectors Are After Me!!!!!! posted by Raging Rudy on June 16, 2004 at 19:34:59:
Sorry to hear of your problems, but you are not alone. I've been divorced for nine years and had a very similar experience to yours. I still get collector's notices for the debts. You need to understand that the cardholder agreement stands separately from the divorce settlement. The cardholder agreement is between the cardholder and the credit. That agreement is not severed by a divorce decree. The divorce decree is between you, your ex-husband and the court. You can SUE your ex-husband for a breach of the divorce settlement agreement, possibly forcing him to reimburse you for any losses you may incur from the breach, but you cannot hold the creditors to the agreement. But all is not yet lost. It's possible that you were only an authorized user of the accounts. In other words, you never signed the agreement and never used the cards, but he put your name on the account as an "authorized user." If THAT is the case, you have NO LEGAL OBLIGATION to pay these debts. They belong solely to your ex-husband and was probably discharged in the BK. It is also possible, since you were never notified of the BK proceedings and had an interest, that you can petition the bankruptcy court to reopen the bankruptcy. I know it's galling to hire a lawyer to handle something that you *thought* was settled, but I really strongly encourage you to do so. You may have to go back to the same court where your divorce was granted, which would be difficult if you've moved to another state. But depending on the amounts you're dealing with, it may be the only way. If all else fails and the debts are considerable, you might wish to consider filing BK yourself. From what you've described, however, I think you can do better than that. Please see an attorney, even if you feel you can't afford it. Contact your local Legal Aid office to see if you qualify. I've been battling an almost identical situation for almost seven years now, so please believe me when I tell you that it's a very difficult thing to handle on your own. If I had known then what I know now, I would have filed BK and been done with it. Good luck!!
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