Please Help Me!

[mmoore0701]

WASHINGTON state.

Hello- I was married for only about a year before I realized what am mistake I had made. He and I never saw one another, he was in college (full-time), working (full-time), and in the military. Even when we did see one another we did not get along and just ignored on another. I couldn't live that way forever, so we seperated, and I chose to move-out and try to move-on with someone else. Even while we were seperated for that 1 year period- EVERY single day I went back to his apartment- cleaned it, paid his bills, and made him lunch and dinner.

When we finally chose to divorce he made me sign an agreement that stated how we would divide up our items. I did not want to sign this, but I had a car that was in both of our names and I was told if I did not do so (sign this agreement) that he would take my car- I wanted him out of my life so badly that I signed the agreement (that was never notarized) and made him leave my parents home.

I didn't realize this at the time- but going back over that "agreement" he had received well over $20,000 worth of our combined items in our divorce and I received only $3200 worth of items- MOST of which were wedding gifts. I had just made piece with that and moved on, so that when we went to sign our divorce decree I wouldn't cry of freak out.

On our decree the only things listed are our cars and credit cards that were our own. He has a Bank of America card that he used throught our marriage/seperation and that card was used mostly for his schooling, his hobby (paint-ball equipment), car parts (to make it faster), and we did buy a couch set and a tv with it- THe thing is, is that he received that couch set AND tv.

RIGHT after our divorce he decided to get re-married to my friend- who happened to just had gotten divorced from my best guy friend. When she was divorcing him, she made his life a living hell- harassment, protection orders, stalking, and small claims court (this is what she did to him.) She was upset because he did not file for and get her her greencard.

Also after my divorce I started getting threating e-mails and phone calls from him and his new wife- I chose to be the bigger person and I changed my e-mail and phone number. On these e-mail's he was telling me that I needed to pay for half of his credit card- I, of course, told him that he was crazy because it was not mine and to leave me alone.

After I changed all of my contact info. I was served with a harassment order/protection order- where it was written (in his new wifes handwriting) that I tried commiting suicide and I beat him up on an almost daily basis. This was the most embarassing/hurtful thing that someone had ever done to me. I am not that person- I showed up in court and the Judge through out the case.

That SAME day- he filed for a small claims court order- stating that I owe him $4000 for that card.

I have court coming up in the next few weeks and I do not know what to do.

I am broke and go to college full-time and have NO idea where he thinks I will come up with this money. I thought that he and I were done. That's why I gave him EVERYTHING.

I need advise- I am stressed out to the max and it is enabling me from functioning properly. A friend of mine said to counter-sue, but I don't want anything from him OTHER THAN to move forward with MY life.

I just want my life back- will someone please help me?What is the name of your state?

 

[SHORTY LONG]

Do you have a Law School close by? If so, contact them to see if they have a Legal Clinic, and if they can help you. If not, then from your post, you state
that you are without funds, and are a full-time student. Also, check with your School to see if they have any part-time Professors that are Attorneys.

With that, gather up the needed proof of this, and take with you to Court. Also be prepared to explain how you are living, paying rent, eating etc. To
some degree this makes you a pauper, which the Court just may appoint you an Attorney. Oh, and check around to see if you have a Legal Aid
Society, that may help you.

 

[Zigner]

Or, you could just go to small claims court with your divorce decree showing that the credit card issue was already dispensed with.

 

[Ohiogal]

Zigner has the easiest, most logical and correct idea. Though Shorty Long is trying.

 

[mmoore0701]

Zigner

So does that mean that since it was not listed in the divorce decree that he has not grounds on asking me to pay for it? That card was in my name, also, for about 2 years- it was taken off when we seperated.

On that "agreement" that he made me sign (that was again, not notarized) he had stated that I would, " help to pay for half of the BOA card, once I obtained a job, she will be taken off of the BOA card." The other thing he wrote was, " This agreement will become null-in-void once we enter into another legal binding document." <-- wouldn't that mean our divorce decree?

And isn't it motive, since the harassment order was thrown out and he had started the small claims court filing on the same day- after he lost?

Thank you, all, for your help- I am really confused as to why he can not move on.

I do have a job- but I have bills of my own and rent and I have no money left over per month to pay anything, at least for the next 2 years (until college is done.)

Thank you again!!!!

 

[TinkerBelleLuvr]

On our decree the only things listed are our cars and credit cards that were our own. He has a Bank of America card that he used throught our marriage/seperation and that card was used mostly for his schooling, his hobby (paint-ball equipment), car parts (to make it faster), and we did buy a couch set and a tv with it- THe thing is, is that he received that couch set AND tv.

In whose name is/was the card? Were both of your names on this card? If both, were either of you just an authorized user?

 

[mmoore0701]

I was an authorized user on the card- and my name did show up on the bills, but I was taken off of the card when we seperated- and the card was then maxed out by him.

 

[lwpat]

The divorce decree was final. The agreement no has no effect unless it was incorporated into the decree. You do need to respond to the court within the correct time frame. Either take it to the clerk to be stamped or send it CRRR. Your defense is "res judicata." That means the divorce decree was final and binding as to all issues.

You can also add that you are not responsible since he is the one that charged the items on the card and/or took possession of the items.

 

[mmoore0701]

It was not incorporated into the decree- and the decree was finalized on March 30, 2007. That card was, I am PRETTY sure, just listed as me being an authorized user, that would explain why it was so easy for him to take me off of the card without BOA contacting me. If it was a joint card- then I would have had to say something, wouldn't I have?

I have a court date for the small claims court- do I need to contact the courts ahead of time to confirm that I am coming? I didn't when he falsely accused me and tried to pin that harassment order on me.

The sad part is, is that I just copied all of my bills and after everything is paid I have $70 per month to my name- I knew that I was poor, but I just wondering why he thinks he can keep doing this to me.

 

[mmoore0701]

Hello all-

Thank you for all of your help. But I have one more question.

When he and I divorced- the reason why the card he wants me to pay for was not listed was not on the divorce decree was because he told my mother and I that I wouldn't need to pay it as long as I hurried and signed the divorce paperwork (he wanted to remarry and her she was going to get sent back out of the country if she did not do so quickly.) Also, I was only an authorized user- And the most important issue is, is that I didn't use that card except to buy items that he was given in the divorce.

I have court tomorrow and I am just nervous because I just want the guy out of my life.