Ex's liability back to haunt me...

What is the name of your state? California

I have just received my credit report and have discovered that one of the liabilities my ex-husband was to take care of, is deliquent and outstanding (separated in 1997, divorce final in 1998). All of the liaibilities show he was severly deliquent, but there is only one with a balance remaining. I think my credit may be ruined....

I would like to take care of this and wondered if there were any way I could negotiate with a creditor for some sort of reduced amount? Also, is it within my rights to take my ex to small claims court over this one?

All of the listings I am responsible for show no deliquencies. Will I ever have a good credit record again?

Thank you for your advise.

Yes you will get good credit again.
And yes, you should contact your creditors and explain the situation.

And finally, I would take the ex to small claims court with the argument he has not fufilled the divorce agreement, and now you are asking for X amount of money to cover the debts.

Its either that or go back to divorce court and ask a judge to make him abide by the agreement, something he has shown not to do. At least in small claims court you couold get the money all at once and pay them yourself.

[CMSC]

Was he ordered by a judge to pay whatever is on your credit report?

Thanks for the information. No judge has ruled on anything against my ex so far, but I have not yet moved forward. Based on your two postings, I will first follow up with the creditors and explain the situation. If I must pay the one outstanding debt, I will try the small claims court route.

I must say, it is amazing what can happen even when you try and live by the rules! I know I feel good about myself, but credibility amongst creditors is much more complicated.

Wouldn't a simple analysis of the account show them an anomoly that warrants questioning?

Ah, always the optimist! Thanks again.

[Ladynred]

Unfortunately, they aren't going to analyze anything. Their computers tell them the account is delinquent and your name is on it.. so they come after you.

The credit industry is whacked... you're guilty until YOU prove yourself innocent.

[CMSC]

If he was never ordered by the courts in a divorce decree to pay that debt, then he doesn't have to. Even IF he charged it to your credit card, the credit company can't make him pay or take it off your credit card. You will have to make the payment to take it off. If you take it to small claims court and he is ordered to pay you for the charge and he doesn't the charge will still be on YOUR credit because it is in YOUR name.

Thanks for the additional information. As far as the specific debt still outstanding, it is documented in the divorce settlement that he was responsible for that liability. There was the split of assets and liabilities in the divorce that we documented in the papers and agreed upon. What gets me is he can still finance a new car and I get turned down? I just don't get it.

I forgot to add that both our names are on this particular debt.

I am in Texas and am having the same problem. I have contacted my creditor and they say, "We don't care what the court says" When we got divorced my ex got $1500 debt
which he has now raised to over $11,000. If I do have to pay the debt I do not think I should have to pay over what the debt was when we divorced (1500). Anyone know a good lawyer in Dallas area that works cheap?

[Ladynred]

Creditors don't care one bit about any court order, all they want is their money.

If your ex was supposed to pay the debt and it was in the divorce decree, then that is contempt of court and in violation of a court order. You won't stop the creditors that way, but you CAN drag his/her butt back into court to possibly recoup anything YOU end up paying on the debt.

There is one possible way out of this sort of thing, the statute of limitations. Depending on when the last payment was made, the SOL on the debt may have run out, especially in TX and CA where the SOL is a short FOUR years. If the SOL has expired, you don't have to pay a dime.

The credit report I received showed his last payment made as August 8, 1998. If I am understanding correctly, this means they can no longer collect the debt from me? But yet this stays on my credit report? So, if I want to clean up my credit, wouldn't I still need to pay it?

You have been an incredible wealth of information.

[Ladynred]

Yes, the SOL ran out last August.
Yes, it will stay on your CR until 2005.

The problem with just paying it is that once you do pay it, it will stay on your credit report for ANOTHER 7 years after you make the payment, as that becomes the date of last activity.

So, since its so old, and you want it off, the thing to do is negotiate a settlement at a reduced percentage and pay it only in return for a deletion (if its from a CA) or for 'paid as agreed' or at least 'paid', anything else, like 'paid settlement' or 'paid charge-off' will be a negative and will NOT help your scores.

Also, since it IS so old, you could try disputing it with the CRA's. If they cannot verify the account, then it must be removed from your CR. You might want to start there first, then, if you can't get rid of it, try negotiating a settlement.. I'd offer like 10-15% since they cannot sue you to collect this anymore, they may take it.

You can find sample letters to use for the CRA dispute and for settlement offers at [url]www.creditinfocenter.com[/url] and [url]www.creditnet.com.[/url]