Statute of limitations to collect divorce decree settlements

[jcoccia]

What is the name of your state (only U.S. law)? Minnesota

I was divorced in 1998 and was ordered to pay my ex $11500 to settle credit card debt. I was paying her $145 / month until 2005 when I fell on hard times. I agreed to start repayment when I could but could never afford to. I thought she had given up or forgiven the debt since she hadn't brought it up in the past 7 years. Now she wants payments to begin again. Is there a statute of limitations on this decree?What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? Minnesota

I was divorced in 1998 and was ordered to pay my ex $11500 to settle credit card debt. I was paying her $145 / month until 2005 when I fell on hard times. I agreed to start repayment when I could but could never afford to. I thought she had given up or forgiven the debt since she hadn't brought it up in the past 7 years. Now she wants payments to begin again. Is there a statute of limitations on this decree?What is the name of your state (only U.S. law)?

Hey, you've only got a couple of thousand to go...

 

[mistoffolees]

What is the name of your state (only U.S. law)? Minnesota

I was divorced in 1998 and was ordered to pay my ex $11500 to settle credit card debt. I was paying her $145 / month until 2005 when I fell on hard times. I agreed to start repayment when I could but could never afford to. I thought she had given up or forgiven the debt since she hadn't brought it up in the past 7 years. Now she wants payments to begin again. Is there a statute of limitations on this decree?What is the name of your state (only U.S. law)?

There is a statute of limitations in MN on debt (http://credit.about.com/od/statuteoflimitations/g/mnsol.htm), but I don't believe that applies to a divorce property settlement. It might be possible to argue laches as a defense, but that would be questionable. You owe her the money, so you should pay it.

According to my math, 7 years at $145 per month means that you paid off the full $11,500 (plus more). Was interest assessed? How much does she say that you owe her?


ETA:
I looked it up. The statute of limitations on domestic court judgments is 10 years, so she would have 10 years from the time you stopped paying. Time to pay up.

It also says that the statutory interest rate is 6%, so even with that much interest assessed, you shouldn't owe all that much, anyway.

 

[Zigner]

Probably not. It might be possible to argue laches as a defense, but that would be questionable. You owe her the money, so you should pay it.

According to my math, 7 years at $145 per month means that you paid off the full $11,500 (plus more). Was interest assessed? How much does she say that you owe her?

Misto - he could have been divorced in December of 1998 and started the payment plan a few months later...then he might have stopped in January of 2005. That would be 5-ish years...so he could still have a couple of grand to go. OP was a bit vague with the dates

 

[jcoccia]

Not at all. I only paid until 2005 and nothing since then (we are on friendly terms). She informed me that I still owe $8500.

 

[Zigner]

Not at all. I only paid until 2005 and nothing since then (we are on friendly terms). She informed me that I still owe $8500.

According to my (very rough) figures, that's about what you paid, not what you owe. You two will need to do the math.

 

[jcoccia]

I only paid 2500 total up until 2005. Nothing between then and now and because she needs money, she informed me that she wants payments to start again. It didn't matter for almost 7 years.

 

[Zigner]

I only paid 2500 total up until 2005. Nothing between then and now and because she needs money, she informed me that she wants payments to start again. It didn't matter for almost 7 years.

So, you DIDN'T pay $145/mo from 1999-2004 (inclusive)

 

[jcoccia]

No. I just looked at her spreadsheet and I paid 2500 (18 payments of 143) off and on between 2005 and Sept 2007.

 

[Zigner]

Pay the lady.

 

[jcoccia]

She also wrote this in her email " I'd love to be able to say "don't worry about it" but unfortunately, things are tight for me too." It just seems as if I were kept around as a possible future source of cash.

 

[Zigner]

She also wrote this in her email " I'd love to be able to say "don't worry about it" but unfortunately, things are tight for me too." It just seems as if I were kept around as a possible future source of cash.

Yep .

 

[jcoccia]

Great. Thanks.

 

[Bali Hai]

She also wrote this in her email " I'd love to be able to say "don't worry about it" but unfortunately, things are tight for me too." It just seems as if I were kept around as a possible future source of cash.

Did you figure that out on your own?

 

[CurrentlyUndone]

Your ex was quite generous in not taking you to court for contempt. You owe her the money. She's apparently not even asking you to pay interest. That's rather generous. On her part.