Sara Abrams
Active Member
What is the name of your state? CA
During the breakdown of our marriage, my ex-husband went buck-wild with my credit. He took out loans and credit cards in my name- he even took out a life insurance policy on me, forging my signature and naming himself beneficiary. So creepy.
Anyway, years ago when I filed for divorce he came at me with all kinds of apologies and promises to make things right. He said we'd put all the debt into debt consolidation, get it paid off right away, and he'd never mess around with money, drugs, hookers again. We got the debt consolidation and he went right back to his old ways, so I filed for divorce again and this time went through with it. My attorney drafted an agreement that we would each pay half of the debt consolidation, and we both signed. I later found out that he had actually cancelled the debt consolidation before even signing the agreement. The result: since the majority of the debt was in my name, I was left with all that debt. I notified my attorney as soon as I found out, but she insisted we needed to get the custody matter out of the way first (ex was using drugs around the kids, super messy situation). She then withdrew, stating that she had fulfilled the terms of our contract.
I was sued by two creditors, my credit score went from 700 to 350. Most recently, my bank account was seized and emptied.
Now I have a new attorney. We're going back to court for ex failing to pay child support and spousal, among other things. My attorney thinks, since the agreement was made in bad faith, that in lieu of asking him for the ~$40,000 he owes me in unpaid support, we can simply transfer all the debt to him. I have searched high and low and have not seen how this is possible. My attorney has not explained her plan on how to accomplish this- she seems to expect me to just trust that she knows what she's doing and stop asking questions. I am very concerned that she will simply get the court to sign off on the agreement that the debt will be transferred, but that the creditors won't care one way or another and will still see it as my debt.
Any advice?
During the breakdown of our marriage, my ex-husband went buck-wild with my credit. He took out loans and credit cards in my name- he even took out a life insurance policy on me, forging my signature and naming himself beneficiary. So creepy.
Anyway, years ago when I filed for divorce he came at me with all kinds of apologies and promises to make things right. He said we'd put all the debt into debt consolidation, get it paid off right away, and he'd never mess around with money, drugs, hookers again. We got the debt consolidation and he went right back to his old ways, so I filed for divorce again and this time went through with it. My attorney drafted an agreement that we would each pay half of the debt consolidation, and we both signed. I later found out that he had actually cancelled the debt consolidation before even signing the agreement. The result: since the majority of the debt was in my name, I was left with all that debt. I notified my attorney as soon as I found out, but she insisted we needed to get the custody matter out of the way first (ex was using drugs around the kids, super messy situation). She then withdrew, stating that she had fulfilled the terms of our contract.
I was sued by two creditors, my credit score went from 700 to 350. Most recently, my bank account was seized and emptied.
Now I have a new attorney. We're going back to court for ex failing to pay child support and spousal, among other things. My attorney thinks, since the agreement was made in bad faith, that in lieu of asking him for the ~$40,000 he owes me in unpaid support, we can simply transfer all the debt to him. I have searched high and low and have not seen how this is possible. My attorney has not explained her plan on how to accomplish this- she seems to expect me to just trust that she knows what she's doing and stop asking questions. I am very concerned that she will simply get the court to sign off on the agreement that the debt will be transferred, but that the creditors won't care one way or another and will still see it as my debt.
Any advice?