• 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.

Separation of Debt after divorce

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

T

talariera27

Guest
What is the name of your state?What is the name of your state? Arizona

My husband got divorced in 2001 in the State of North Carolina. He had his and his ex-wife's debt legally separated in their divorce decree. The ex- wife was suppose to pay the balance on a credit account and was also left to pay the loan on the car since she was to keep it. Earlier this year he found out she never paid on the credit account nor on the car loan and both were sent to collections. The car was repossed but there was still an outstanding balance. Because both of these accounts were in his name, the collection agencies both went after my husband. He did not want to hurt his credit so he paid both debts which were a total of approximately $8000. My question is what can he do to collect from his ex-wife? He is in Arizona and she is in North Carolina, I think. Either way she is not in the same state. Can he sue? Does he have to file the suit in the state she is in or can he do it in Arizona? And if she fails to acknowledge the suit, can a judgment be filed against her? What are his rights? If anyone has any answers to my questions, I would sure like to know. Thank you
 


JETX

Senior Member
talariera27 said:
My question is what can he do to collect from his ex-wife?
His only options are:
1) To file a new lawsuit in her home county to recover his 'damages', the amounts he paid in her behalf, or
2) To file a "Motion to Show Cause" and Contempt in the original family court due to her failure to comply with the order of that court.
In any case, any judgment would eventually have to be transferred to her current state in order to gain access to any assets that she might have.
 

ShabowS

Junior Member
Did you get an answer

I have the same situation, What is the answer. I live in Michigan.



JETX said:
His only options are:
1) To file a new lawsuit in her home county to recover his 'damages', the amounts he paid in her behalf, or
2) To file a "Motion to Show Cause" and Contempt in the original family court due to her failure to comply with the order of that court.
In any case, any judgment would eventually have to be transferred to her current state in order to gain access to any assets that she might have.
 

JETX

Senior Member
ShabowS said:
I have the same situation, What is the answer. I live in Michigan.
Since you live in another state, the responses may be different. Therefore, you should make your own post and not divert this thread from the original post.
 

Find the Right Lawyer for Your Legal Issue!

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