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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 11-12-2000, 12:48 PM
dixdd2
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I was divorced last year with my ex taking two creditors as his responsibility. They are in my name. He is not paying them and says he is facing bankruptcy. I know that as the original card holder, I am responsible for these debts. I need to know how hold off the creditors while I figure out how to handle it. I have three children and am living on less than two thousand dollars a month, barely making the payments on the creditors that I assumed in the divorce. I received a call two nights ago from a collection agency demanding that I pay almost three thousand dollars immediately or pay seven hundred immediately with one hundred and seventy-five dollar monthly payments, which I don't have. They demanded that I call this morning with my payment method, which I haven't done. I'm juggling more than I can handle right now and am very scared.
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Old 11-15-2000, 03:17 PM
lawrat
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I am a law school graduate. WHat i offer is mere information, not to be construed as forming an attorney client relationship.

Did the divorce decree state he was to pay those two cards that were in your name? If so, show the creditors that decree. Otherwise, if this was not in the divorce decree, then do the following:


Read the FDCPA (Fair Debt Collections Practices Act) at the following website: [url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]
Do NOT fall for their unscrupulous tactics. They will tell you ANYTHING to try to get money or a check from you!! Don't believe them. Finally, if you do owe the original debt, send your payment directly to the ORIGINAL debtor. If you are paying in full, get a written release from the debtor BEFORE making payment. It can be a very simple form... "Upon receipt of payment of $_______ the debt owed by (you) to (them) will be paid in full and all claims are released." Then make a copy of the check or money order before sending it to the ORIGINAL creditor.


If this still doesn't work, then you should contact the consumer credit counseling service in your county. They can help you deal with these creditors, make a deal, set up payment plans, etc.
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