are divorce decrees legal and binding documents?

[gemini252]

What is the name of your state? ohio

i was divorced 7 years ago, my x-husband was ordered by the court to pay a joint credit card debt and this is documented in the divorce legal papers. i didn't know if he paid or not until 10 days ago when i was contacted by a law firm asking me to pay the debt or i will be sued by the credit card co, and my wages will be garnished, and a lien will be placed on my house. this was a joint credit card, but i am the sole name listed on it, he is secondary. the card/account has not been used for 7 years, but i don't know if he's made any attempts to pay on it - i don't think he has. am i responsible for this debt even though i have legal documents that say he is? the law firm says i must pay the them the debt and then sue him to repay me using the divorce decree as my proof. are they just trying to bully me? he signed his name to these divorce papers willing to be accountable for this debt 7 years ago. the debt is for $10,000 and they law firm is offering me a negotiated fee of $6000. thank you - any response or answer is appreciated.

also, i have had no credit problems since the divorce, i've been issued another credit card, bought 2 houses, and have no problems aquiring anything of this sort. i also have no current credit card debt, only 2 car loans and 1 house loan.

 

[I AM ALWAYS LIABLE]

What is the name of your state? ohio

i was divorced 7 years ago, my x-husband was ordered by the court to pay a joint credit card debt and this is documented in the divorce legal papers. i didn't know if he paid or not until 10 days ago when i was contacted by a law firm asking me to pay the debt or i will be sued by the credit card co, and my wages will be garnished, and a lien will be placed on my house. this was a joint credit card, but i am the sole name listed on it, he is secondary. the card/account has not been used for 7 years, but i don't know if he's made any attempts to pay on it - i don't think he has. am i responsible for this debt even though i have legal documents that say he is? the law firm says i must pay the them the debt and then sue him to repay me using the divorce decree as my proof. are they just trying to bully me? he signed his name to these divorce papers willing to be accountable for this debt 7 years ago. the debt is for $10,000 and they law firm is offering me a negotiated fee of $6000. thank you - any response or answer is appreciated.

also, i have had no credit problems since the divorce, i've been issued another credit card, bought 2 houses, and have no problems aquiring anything of this sort. i also have no current credit card debt, only 2 car loans and 1 house loan.

My response:

No, the law firm is not bullsh*tting you. Your decree doesn't involve the creditor. I would suggest you get into court on this matter, like yesterday - - unless he files Bankruptcy. If your ex does that, Bankruptcy trumps the State court order. What that means is that the debt falls on YOUR shoulders unless you, likewise, file for Bankruptcy.

IAAL

 

[gemini252]

actually, my divorce decree DOES state that my x is responsible for this debt and it states the specific credit card company. he was ordered to sell the home we owned together, and apply the proceeds to the creditor and accept responsiblity for the left over debt. this is all stated clearly in the divorce decree. i don't understand why i'm being told this legal document will not defend me in my case? it's all there, in black and white.

 

[BelizeBreeze]

Why bother big guy. This woman obviously can't read.

 

[gemini252]

WHAT?!? that's a real professional response...i can read quite clear. i thought this forum might give me some other info, but apparently it is just to poke fun at others...thanks alot

 

[BelizeBreeze]

unless he files Bankruptcy. If your ex does that, Bankruptcy trumps the State court order.

So, you can read right? then why post your inane reply after the above was posted by IAAL? Unless you came here to have someone tell you what you WANT to hear?

 

[gemini252]

i do not intend to file bankruptcy over one stupid credit card bill, i have plenty of cash to pay it if i have to...i don't know what my x is planning, we haven't been married for 7 years remember? i just wanted to know if this lawyer was jerking my chain or what.

i thought these forums were discussions and advice, not slams and put downs...now i see why i don't ever post on any of them. so i'll just go back to my life now.

 

[ShyCat]

gemini252, your divorce decree is a legal agreement between you and your ex-husband. It does not invalidate or change the prior legal agreement you had with the creditor. Just as the creditor is legally enforcing their contract with you, you may legally enforce your contract with your ex-husband. You pay the creditor and then sue your ex-husband to reimburse you as agreed to in the divorce decree... assuming he hasn't filed for bankruptcy.

 

[gemini252]

thank you shycat for your intellegent response

 

[gemini252]

shycat, what about the statute of limitations on this debt? (i'm in ohio) i had no idea that my x hadn't been paying this debt until recently and i'm not sure when the last payment he made was. will the fact that it has been 7 years have any affect on whether i can be sued or not? i read that after the statute of limitations is up, the creditors can still contact me to try to pay the debt, but they can't sue me. should i wait to be summoned to court and then battle it out?

 

[Ladynred]

The statute of limitations may indeed play a huge part in this ! The SOL in OH for credit cards is 4 years (at worst 6 - some disagreement on this). If the account hasn't been paid in 7 years, then the SOL most definitely HAS expired.

So, what you need to do find out when the thing was last paid. If this debt reported on your credit reports, check there first for a date of last activity. If its off your reports already, then you're going to have to request validation from this 'attorney' (probably just another collection agency) and make them provide the information you need.

You can find information on debt validation and sample letters at www.creditinfocenter.com

I wouldn't pay them a dime at this point until you know what the last payment date is. IF its past the SOL you send them a cease and desist and tell 'em to pound sand.

 

[gemini252]

thank you ladynred, i'll do my homework.

 

[jazzy13]

Divorce decrees are NOT legally binding ..

Divorce decrees are NOT legally binding to third parties (creditors). You state that a law firm is calling you, and you should be aware that law firms do their homework-- they would NOT be calling or sending you a notice of a of a deliquent account if the statutes have in fact expired. Nothing wrong with doing your own research, but I suggest since you stated that you have plenty of money to pay the bill, that you take the reduced amount the law firm is offering to resolve the situation and then spend your time,energy and resources pursuing your ex-husband in court. All the 'advice' that you may recieve here or on other sites showing you steps to take to get out out paying will NOT improve your credit. Even though you stated your getting credit-- at what cost? You're certainly paying higher interest rates on any mortgage/auto loans because you may have just this one deliquent account outstanding on your credit report, and this means your paying the money in interest on new credit lines instead of just taking care of the debt. Keep this in mind, no one on this forum or on any other site offering you advice not to pay the debt will ever have to suffer the consequences-- you will. No one here or on any other site will 'indemnify' or take responsibility if negative consequence should occur because you chose to spin your wheels attempting to find a way out of paying a debt in your name that you legally owe, rather than to take individual responsibilty, pay it, and then pursue your legal rights vs your ex to uphold the decree. Think about it morally, the orginal creditor issued you a line of credit in your name with your ex as a secondary, you used that line of credit, agreeing to certain terms of re-payment. The creditor has no voice in your relations with your exhusband and didnt agree to extend the line of creditr with the understanding that if a divorce should occur- they're out their money. It will only help you to get this matter behind you. Prioritize what's really important to you. There is truly a slim chance that a law firm is not within their legal rights when contacting you about a debt. Many people giving you other advice simply have not figured out that you pay--one way or the other. Simplify your life. Settle the debt with the law firm, then use you energy and remaining funds to hold your exhusband accoutable for his responsibilty. Hope this helps.

 

[jazzy13]

Re: Validation requests

Be sure you want to travel down this path before you do. Just as you the consumer has the right to request validation of the debt, the creditor/law firm has the right to fully enforce the contract terms once they provide it. Meaning all negotiations of any reduced amount can and most likely will be voided and they will require you to pay the entire balance will all interest fees, etc immediately, as well as review your account for suit worthiness. Most people advising you to take this approach mistakenly believe the creditor will not provide the validation,letting you off the hook. Law firms typically can and will provide the validation. You admit that you owe the bill. The s/o/l questions you have can be solved by obtaining a copy of your credit report. Logically, if you assert your consumer rights and require a creditor to 'prove ' to you that you owe a debt, then you should be prepared for the creditor/law firm to assert their rights in enforcing the contract to the fullest extent your state laws allow. My point here is at some point you will have to pay this debt, the longer it takes, the more money you will pay to resolve it. Allowing it to remain outstanding on your credit report, you are still paying for it in higher interest rates.

 

[Ladynred]

be aware that law firms do their homework-- they would NOT be calling or sending you a notice of a of a deliquent account if the statutes have in fact expired.

You're kidding, right ??? That or you've been living on another planet ! The 'law firm' is most likely just another collection agency and they damn well DO chase out-of-statute debts ALL the time ! Their clients hire them to collect money and they don't give any more of a rat's patoot if its SOL or not. They are counting on the debtor NOT knowing that an SOL even exists and NOT getting any kind of fight so they can collect. This happens every day, I read hundreds of posts on several boards from people being pursued, by law firms, for out-of-statute debts so take off the rose-colored glasses and see the real world of debt collection.

The OP also did NOT say a thing about this being on her credit reports. Even if it is, paying this debt won't help her credit either ! "Paid collection" or "settled" are NEGATIVE MARKS.

Her best course is to find out what the DOLA is. If it IS 7 years old and its on her reports, its going to drop off all by itself soon enough, if it hasn't already.

think about it morally

- typical collector mentality and response. There is NO morality when it comes to money or debt collection, its purely business.