• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex-wife ruining my credit!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MPQ0709

Junior Member
(OH resident) My ex-wife and I seperated in July '04 and finalized our divorce in January '05. Part of the divorce agreement was that she keep the house and any financial responsibilities that go with it. Earlier this week, I received a notice from a collection company stating that I owed First Energy (an OH-based electric company) more than $450! When I called the company to find out what was going on, they said that the bill was actually closer to $1000, but they didn't know exactly how much or why I was being billed since the second half was apparently sent off to a different collection agency. I called the power company and they said they turned over the bill after eight months of being unpaid...January '05 until August '05. Since I no longer live at that residence and haven't for more than a year, I let them know that it was my ex-wife that received the notices and warnings they had mailed out and that she had obviously never changed the account to reflect that she was responsible, not I. I'm going to attempt to talk to her rationally and let her know that she needs to pay this outrageous bill before mentioning that I'll be taking her to small claims court if she tries to be stubborn. My question is, is it possible for me to take her to court and win?
 


ecmst12

Senior Member
It looks like this bill was all incurred after the divorce. Wouldn't he have to PAY the bill in order to take her to court for the money? I think OP is more concerned about his credit report; disputing the item on the report should take care of that, and letting the power company know to take your name off the bill. Since it was after the divorce was final, that shouldn't be too hard right?
 

MPQ0709

Junior Member
Word for word, the decree says...

(UNDER REAL ESTATE SECTION) "THE WIFE SHALL RETAIN PHYSICAL POSSESION AND IS AWARDED, THE PARTIES' MARITAL RESIDENCE LOCATED AT (THE ADDRESS). HUSBAND SHALL QUIT CLAIM HIS INTEREST IN THE MARITAL RESIDENCE TO THE WIFE. WIFE SHALL ACCEPT SOLE RESPONSIBILITY FOR ALL RESIDENCE RELATED EXPENSES, INCLUDING BUT NOT LIMITED TO MORTGAGE, INSURANCE, TAXES AND MAINTENANCE COSTS, HOLDING THE HUSBAND ABSOLUTELY HARMLESS IN THE SAME."

(UNDER OBLIGATIONS AND NON-USE OF OTHER'S CREDIT) "EACH PARTY WILL PROMPTLY PAY ALL OBLIGATIONS ASSUMED HERIN AND WILL HOLD THE OTHER PARTY ABSOLUTELY HARMLESS ON THE SAME. THAT NEITHER THE HUSBAND NOR THE WIFE SHALL HEREAFTER INCUR ANY DEBTS OR OBLIGATIONS UPON THE CREDIT OF THE OTHER FROM THIS DAY FORTH, AND EACH HEREBY AGREES TO INDEMNIFY AND SAVE THE OTHER ABSOLUTELY HARMLESS FROM ANY DEBT OR OBLIGATION SO CHARGED OR OTHERWISE INCURRED."
 

MPQ0709

Junior Member
I tried calling the power company and letting them know. They claim that they can't do anything since they did their part by sending out the notices. More or less, they're saying that it's not their problem if I didn't get them.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top