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Notarized Legal Separation vs Collection Agency

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JuliofWashingto

Junior Member
What is the name of your state? Washington

The story: Separated from husband in May 2005 in Washington. Husband refused to sign any "legal separation" documents w/ court, so I wrote it up and had it notarized - and made him get it notarized in California, the state he moved to.

Jump ahead two years. Mysterious medical collections appearing on my credit report. Seems I was listed as "spouse" when he had accident - and he never paid the bills. I have fought with Collection Company repeatedly, they insist a Separation Document is not legal unless signed in court of law. I say no -- Credit Bureau is at an impasse and won't remove.

The "ex" has also advised the Collection Co that he filled out the paperwork fraudulently, knowing that I was in no way responsible. He has phoned them repeatedly with the same info, set up a payment plan -- and they still keep reporting me each month.

I'm desperate. My Separation Agreement very clearly states that any bills from May 13, 2005 forward would be the responsibility of the individual.

I'm so frustrated.
 


seniorjudge

Senior Member
I'm desperate. My Separation Agreement very clearly states that any bills from May 13, 2005 forward would be the responsibility of the individual.

That's kind of like one of those "I am not responsible for anyone's debts but my own" ads that run in newspapers.

Totally worthless.
 

Silverplum

Senior Member
What is the name of your state? Washington

The story: Separated from husband in May 2005 in Washington. Husband refused to sign any "legal separation" documents w/ court, so I wrote it up and had it notarized - and made him get it notarized in California, the state he moved to.

Jump ahead two years. Mysterious medical collections appearing on my credit report. Seems I was listed as "spouse" when he had accident - and he never paid the bills. I have fought with Collection Company repeatedly, they insist a Separation Document is not legal unless signed in court of law. I say no -- Credit Bureau is at an impasse and won't remove.

The "ex" has also advised the Collection Co that he filled out the paperwork fraudulently, knowing that I was in no way responsible. He has phoned them repeatedly with the same info, set up a payment plan -- and they still keep reporting me each month.

I'm desperate. My Separation Agreement very clearly states that any bills from May 13, 2005 forward would be the responsibility of the individual.

I'm so frustrated.
You're not legally separated until/unless you FILE the separation agreement with the court in your county of legal residence, and have it signed off by a judge/magistrate.

So yes, I would imagine you have some big problems now.
 

JuliofWashingto

Junior Member
What if I get it filed in the court system?

If I get it filed in the court system, does the "separation date" date back to the notarized agreement date?

I never meant to be foolish, this was the only thing I could get him to do before he literally disappeared for two years. I just did what I hoped would save me from any major problems in the future. They are utilizing it in the divorce decree and it's considered a legally binding agreement.

Thank you
 

seniorjudge

Senior Member
Q: If I get it filed in the court system, does the "separation date" date back to the notarized agreement date?

A: As I said, the agreement you have is worthless. You must start all over with the court system. Even if you had a judgment of divorce saying he was responsible for all the bills, that would not keep a creditor (who is not a party to the lawsuit) from going after you.
 

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