My ex-husband has stopped paying the debts he was assigned in the divorce and filed for bankruptcy for his debts which he incurred after the divorce. I am now on the hook for paying the debts he had been assigned in the divorce.Do I have any legal way to try to get him to resume paying those debts?
My esteemed colleagues have offered a bankruptcy perspective and a debt collection perspective. Because liability for these debts was allocated by court order in a divorce, here is what you really need to know:
The Decree of Divorce is enforced through the contempt powers of the divorce court. If your decree of divorce was prepared by competent counsel it likely has an indemnification or "hold harmless" provision regarding the debts allocated to him. In his bankruptcy he can discharge liabiity to the creditors, but discharging his liability to indemnify you (reimburse you if creditors make you pay) is not so easy.
Without delay you should locate and consult with an attorney who practices both divorce and bankruptcy law.
Best wishes for a favorable outcome, and please remember to designate a best answer.
I agree with Mr. Walton and you have a cause of action agianst him. Unfortunatly that will not stop the collectors because the agreement or judgment was between you and your x and they can go after either one of you.
You will need to consult with a consumer protection or bankruptcy lawyer locally at once for private and specific advice on your particular issues.
Many lawyers on this site offer a free consultation and you should find one near you, make an appointment for specific legal counseling, and take all your paperwork and perhaps a written chronological summary.
1. Start keeping a detailed log of all calls and letters and a paper file of all information. Because persistent violations of the FDPCA are punishable by statutory fines and attorney’s fees under federal law, but you need hard evidence.
2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c).
The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of their file.
The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information.
3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. Remember they may not tell the truth and will say just about anything to get a payment from you and that payment reaffirms the debt, gives them information about you and your bank and ability to pay.
4. If you are going to make payments use money orders only and not personal checks, wire transfers, money grams, or “check by phone” because if the collector finds a bank account the collector will be more likely recommend a lawsuit to their legal department.
5. All collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.
If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining you are offering a settlement, keep copies of everything.
6. Get written confirmation of any payment plan the agency will accept before making a payment.
7. Specify in writing that all payments will be applied to principle first.
If you are ready to throw in the towel, go see a local bankruptcy attorney and explore your options for federal protection. The protection will even look back 90 days from filing and get back money taken by the collectors and apply it fairly.
If your debt is with the government like the IRS or a State agency or for Child Support or taxes, the rules will be different and you will need a local lawyer at once.
DO NOT use a paid debt settlement service; most of them are scammers.
I have pasted a link to the FDPCA to help you with your state federal rights;
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Washington collection agency complaint form: http://www.dol.wa.gov/forms/600006E.pdf
Washington statute regulating collection agencies: http://apps.leg.wa.gov/rcw/default.aspx?cite=19.16
Consumer rights in Washington: http://www.dol.wa.gov/business/collectionagency...
Look for a qualified consumer protection attorney for a low cost or free consultation here:
http://www.naca.net
You should read the FDPCA from the links above and become informed about your rights; this will help you and your lawyer.
I hope this information and generic advice is helpful and If you found this helpful, please click the link for a good answer and remember to designate a best answer, Thanks.
Good Luck
Yes, you can petition the divorce court to compel him to cover the debts he was assigned to pay. While he may have no obligation to the creditor, he cannot use bankruptcy to avoid obligations to you that are in the nature of support. And if your paying them affects your ability to support yourself then they are in the nature of support.
