Credit Card Debt/divorce

[Michelle Rene']

What is the name of your state?COLORADO
In my divorce I received all credit card debt. I filed bankruptcy. Even though I got the debt they are still bothering my ex husband. He is unemployed and has nothing in his bank act. He received a letter from one of the creditors attorneys asking him to contact them about a settlement arrangement. He can't pay anything with no job what should he do??? What can they do to him??????????????

 

[Ladynred]

Creditors are NOT bound by YOUR divorce decree, they don't care WHO got what in the divorce, if his name was on the accounts that you had discharged, then HE is LIABLE for those debts.

Question - when was the last time the ORIGINAL creditors were paid on these debts ??? How long ago did you file for bankruptcy ??

 

[Michelle Rene']

The last payment made had to have be 2 years ago and I filed just this past November and was discharged March 2.

 

[Ladynred]

CO has a short 3-year statute of limitations on credit card debts. If the last payment was less than 3 years ago, then they COULD still sue your Ex for these debts.

Its also quite probable that even though he got a letter from 'an attorney', they are likely nothing more than a collection agency. Do you know who it is he got the letter from ?

If your EX has no property, the likelihood of them suing him is less than if he did have a house they could threaten. If he doesn't have any other assets, then he as nothing they could get from him. If his credit is already shot, then the collectors will see that suing him probably won't gain them anything.