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Old 11-20-2005, 01:25 PM
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Join Date: Dec 2004
Posts: 6

collection on x-husbands debt


What is the name of your state?What is the name of your state?CA
Part of my divorce agreement was my x-husband kept the house and the 1st & 2nd mortgage (HUD secured 2nd for $19,000) and i paid off the credit cards. He then defaulted on the mortgage and 2nd, and then filed bankruptcy(all without my knowledge until a year ago). That was 10 years ago. Now I am being hounded by a collection agency for the HUD loan.
I have 2 questions:
1. Is there a separate SOL for HUD? (Now that it's been referred to a collection agency, doesn't that mean HUD has now written it off?)
2. The collection agency said in their most recent letter that they are going to persue attaching my wages, unless I contact them to tell them that I have not had the same job for the last 12 months. I was laid off in March, and have only been working in my new job for 3 months so this is true. I have not contacted them at all yet. I was thinking about calling them and disputing the debt, telling them the SOL has run out, and that I haven't had my current job for the past 12 months....is this OK to do this?
Appreciate any suggestions. They have now added interest etc. and it is up to $35,000 which I am not willing to pay.
  #2  
Old 11-21-2005, 04:10 PM
Senior Member
 
Join Date: Jan 2005
Posts: 2,336
If you signed the note on the HUD loan, you are still liable to the holder of that note. They are not bound by the terms of your divorce decree.

You can try to haul the ex back into court since he did not do what the decree required of him. But -- since he has filed bankruptcy, he may have discharged that obligation.

I am not for sure. Consult with your divorce attorney.
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