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Shared debts not paid

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supergravi

Junior Member
What is the name of your state (only U.S. law)? Tennessee

When I divorced, my ex-spouse and I divided up the debts we owed and this was outlined in the Marital Disolution Agreement. Soon after, she filed bankruptcy and the creditors she agreed to pay came after me - garnishing my wages and placing bank liens on my accounts.

Do I have any legal grounds here? What are my chances?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Tennessee

When I divorced, my ex-spouse and I divided up the debts we owed and this was outlined in the Marital Disolution Agreement. Soon after, she filed bankruptcy and the creditors she agreed to pay came after me - garnishing my wages and placing bank liens on my accounts.

Do I have any legal grounds here? What are my chances?
Not against the creditors, unless you go ahead and file for bankruptcy yourself. You do however have recourse against your ex for violating the divorce decree.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Tennessee

When I divorced, my ex-spouse and I divided up the debts we owed and this was outlined in the Marital Disolution Agreement. Soon after, she filed bankruptcy and the creditors she agreed to pay came after me - garnishing my wages and placing bank liens on my accounts.

Do I have any legal grounds here? What are my chances?
Legal grounds for what? The arrangements to pay shared debts were between you and your wife. This did not absolve you of the responsibility with the creditor.
 

supergravi

Junior Member
Thank you for your replies. Yes, I was talking about recourse against her. I know I have no recourse against the creditors. If I decide to take it to court, what are my chances. Do I have legal grounds against her?
 

tuffbrk

Senior Member
You can file for contempt in Family court, but that won't really get you any money in your pocket.

It would be in your best interests to attempt to work out repayments that you can afford with your creditors. Otherwise, your credit will be tanked.

Sad to say, but divorce is hard on both parties finances. Add to it the current economy and it's a double whammy.

Sorry you're going through this.
 

Antigone*

Senior Member
Not against the creditors, unless you go ahead and file for bankruptcy yourself. You do however have recourse against your ex for violating the divorce decree.
She filed BK. She had the legal right to do so. I don't see how he would have recourse against the ex.
 

supergravi

Junior Member
BK is done, but I am not listed as a creditor. I was told (by non-professionals) that I could sue her for the amounts I had to pay. Or get child support or alimony reduced because of the hardship it has caused.
 

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