Divorce final but going to court again.

[dalek]

What is the name of your state? MS

I have posted here before but I'm going to try to recap here. I have been disabled since 1998 and I got married on July 6, 2006. I left my now ex on Oct 05, 2006. I couldn't afford a lawyer so I did my own divorce papers and had a lawyer to get them signed. Basically, everything went back to the way it was before we got married. This is how I wrote the property part:

The wife shall have possession of the following items of personal property:

All properties owned at time of marriage, including home, land, vehicles and other possessions that was previously owned by Wife and their respective debts.

The husband shall have possession of the following items of personal property:

All properties owned at time of marriage, including home, land, vehicle and other possessions that was previously owned by Husband and their respective debts.

It was the best I could do because the family lies a lot and I have no idea what all she owned and what she was just claiming she owned. I did make sure that it said the same for both of us.

The only thing that we did while we were married was to borrow $2,000 to pay two house and car payments for HER home and car. I told her on the phone that the way the papers are wrote that the bank loan is hers since it is for her home and car. When the loan came due, she didn't pay it. I did file papers with the court but they did a continuance and the bank said they would not wait any longer. I either needed to pay the loan or tell them I couldn't pay it one. I told them I could not pay the loan and I called the court administrator and told him that I was dropping the matter since it was mute now.

I got a "Order Setting Cause for Hearing" today. She appears to want to take me to court on this loan. I have heard from friends that she claims she is going to make me go back and pay a bunch of her bills from when we were just living together and a bunch of other stuff.

My question is, what can she do? The divorce is final and signed by a Judge already.

Thoughts are appreciated.

Dale

What is the name of your state?

 

[seniorjudge]

Dale, tell us what kind of hearing it is.

Is it the same case number as your first lawsuit?

 

[dalek]

Hi,

I assume it is about the bank loan since I didn't get any other papers about anything else. I would think if she is trying to get something else, she would have to send me a copy of whatever papers stating what she is going after.

Thanks, that was fast.

 

[dalek]

I went back and read it more closely, it is about the papers I filed and dropped.

 

[seniorjudge]

Hi,

I assume it is about the bank loan since I didn't get any other papers about anything else. I would think if she is trying to get something else, she would have to send me a copy of whatever papers stating what she is going after.

Thanks, that was fast.

Answer the second question.

 

[dalek]

Sorry, missed the second one. I'm a nervous wreck right now.

It has the same case number as the original divorce.

Thanks

 

[LdiJ]

Ok..understand something.

Your creditors are not bound by your divorce decree. They are only bound by the credit/loan contracts that you signed.

Therefore, if you signed a loan/credit agreement for a certain amount of debt, the creditor can and will go after you for that debt, despite what your divorce decree states.

 

[dalek]

I do realize that the bank can come to me for the money, they already did. I am disabled and it is my ONLY source of income. I know and they know they can not touch my check. I told the bank that I can not pay the loan and the last I spoke with them, the loan is being charged off and they are going after the collateral that her Dad put up for the loan. I'm not worried about the bank with regard to this.

Thing is, I was going to court to make her pay the loan. She got a continuance and the bank said they would not wait that it would already be charged off by then anyway. I'm just curious as to why she wants to take me to court now when it is basically between the bank and her Dad who put up the collateral? It doesn't make much sense to me. The way those papers are done I could turn her in for tax fraud and her Dad into the VA because according to the bank papers he owns property that he is not supposed to have and she pays taxes on something he claims is his.

Let me explain this a little more. Her Dad is disabled with the VA. He is not supposed to have any property with income. According to the bank papers he owns cows which gets sold to pay bills, his and hers. She claims those cows on her income tax though, even though they are not her cows, again according to the bank papers. Either he lied to the bank and committed fraud or the cows are his and he is messing up his VA benefits.

This is why I wanted a no fault divorce. If even some of this comes out in court the whole family is living in a nest of lies. It is going to get a lot of people in trouble and I didn't want that.

I'm open to any ideas here. I would like it to just be dropped and over with if there is a way to do that. If not, then I would like to know what she can do to me on the loan as far as court and the divorce goes. If she can do nothing then I'll just cross bridges as I come to them. I would like for all the mess above not to come out but if I have to do that to defend myself, so be it.

Thanks