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Rule 69 agreement - ex has never paid his court ordered debt
Anonymous5 views4 answers
My ex was court ordered to pay for his student loan on a Rule 69 agreement. He has never paid, I am the co-signer so it is going against my credit monthly. What type of contempt paperwork can I file? It has been over 3 years. I have spoken with the debtor, and they will not remove me. He refuses to refinance. I need to get my credit cleaned up to buy a house, but with this 100k debt lingering, I'm stuck. The only thing I can do is file contempt for him not following court orders, or possibly get a judgement? Please advise.
Unfortunately, what you will be required to do is file a Petition To Enforce the Court Order and request that the court hold your ex Husband in contempt for knowingly and intentionally violating the order. Explain how this is obviously holding you back in obtaining a home and his failure to pay is damaging your credit. Request that the court Order your ex to refinance the debt taking your name off the loan. It may not be possible for your ex to arrange this but ask the court for an order for him to do so anyways. If your ex claims he has tried to refinance and has been refused, ask the court to order him to prove these allegations. If your ex cannot refinance now, request the court to order him to try and do so every three (3) months and submit documents proving his attempts and the responses from the lenders. The only way to remedy this situation is to stay vigilant and relentlessly require your ex to stay current on this debt and make efforts to refinance it several times a year. You may wish to retain counsel on this matter. Most attorneys offer free initial consultations.
Sadly, creditors don't really care what divorce decrees say, and even if ex was ordered to take on the student loan debt singly, which is the norm, the fact that you are a co-signer on the loan is going to override such a determination. I agree with my colleagues: Try to get a court order demanding he refi to remove your name. Best of luck!
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
Unfortunately, your only remedy against your ex is to try to get the courts to force him to pay or refinance. Alternatively, if you can pay the student loan, then you can ask the court to give you a judgment against your ex for the amount of the loan, plus attorney's fees, costs and interest, but collection might be a problem. You can also write an explanation to amend your credit report.
