I am now divorced and two years ago my ex and myself signed a property settlement agreement. In that agreement she got the house completly although I should have been entitled to half the equity. She couldn't come up with the cash to pay me off directly so the deal was made that instead of cash she would agree to pay off a credit card debt leftover from the marriage and allow me some tax deductions from our children for a couple of years. The settlement states this fact an was signed by the judge as well as both of us. She has failed to pay off this debt and I still get hounded by the creditors. Am I still liable even if I have a signed legal document saying she accepts all of the debt?
134837
Yes, you're still liable.  The credit card company didn't sign the agreement, and since your name is on the credit agreement, you're liable.\nYou need to talk to an attorney...but basically you need to get a court to enforce the divorce agreement so she'll pay YOU that money, but you should pay off the card to keep your own credit in good shape.  Then get a court order to attach her wages to pay you back for what she should have paid.
235905
First of all he violated court orders. Talk to your attorney about reporting that and taking his fool butt back to court. \n\nSecond, you need to take copies of those court papers to the bank and deliver them to who ever is in charge of the debt. Since you have these, you are not liable for the debt. If they continue to bother you, you may need to get your attorney involved to shut them up. Best of luck.\n\nAdded: Be sure to add court costs to any suit you bring against your ex or the bank. That should help reduce your own costs. Heck, just sue the ex for any costs you incure due to his lack of action on those court orders. Take care.
137906
The creditor will come after the co-signer because both parties are equally liable for all of the debt.  If you co-signed, you can (1) pay it, (2) file BK yourself, or (3) live with it on your credit report as an open collection item, or as a write off.\n\nYou can also try to negotiate a settlement for less than the amount owed, but that's still doing the first option.
180276
Contact an attorney. Most lawyers will do a first time consultation free. Get there advise and then go to your divorce lawyer with this info so they don't drag there feet and charge you more. And see about making your ex pay the legal fees sense it's his bill.\n But a lot of time these people will go after the one there more than likely to get to pay. \n They have to send some form of proof or else they could just call any card holder up and say hey you owe da da da.\n And by all means save every piece of communication the more you have the better off you are.And if they take you to court show up. \n My son had a loan that had a 50.00 late fee tacked on after they gave him a paid off receipt. They came after me said I cosigned and he was out of state so they wanted me to pay.The day we went to court the lady told me they found the mistake I didn't cosign on the note and there was no balance.So I could go on home she would explain to the Judge. Wrong she didn't know that I had stayed and tried to tell the Judge nobody showed up. Well after I told my side and what she did. He said he could award her judgment. But he would advise me to file a wrongful suit and he would award me more than her court cost and the 50.00. So don't let them bully you into paying without prof.
527708
Yes it's enforceable.  The court will collect the fine and she can wind up in contempt if she continues to ignore it.  Your lawyer should stay on top of this as you should claim the marital assets (the home) if she continues to fail to comply.
68887
You are actually asking two questions, one related to your credit report and it's effect on your husband, and your liability on your old debts.\n\nThey will still be able to come after you and garnish your wages (NOT your husbands).  So if you have a job you are still in hot water.\n\nIf there is any property in your name only they can go after that.  Property jointly owned or pruchased after you marry can't be touched.  So if you have a car currently in your name, or a home, it can have a lien placed on it.\n\nWhen the collectors find out your new address, they will continue to hound you.  That's easy to solve....read the links I've supplied below and send them a "Cease and Desist" order not to contact you again.\n\nNow the good news.\n\nYour new husband does not inherrit your credit "baggage" once you are married.  Each of you have your own credit history, and unless you make joint purchases it will not effect him at all.\n\nYour husband's good credit can actually help you rebuild your own credit.  He can co-sign on some credit for you, and by making prompt payments you can re-establish yourself. \n\nI'm speaking from first hand experience here.....\n\nWhen my wife got divorced, her ex was supposed to pay a portion of the debts.  He didn't, so the collectors starting calling her up.  They started threatening her, even saying they was going to jail if she didn't pay.  She was so afraid she fled from Florida and came to Michigan, where her family lived.\n\nThen we got married....and the creditors got here new address.  I came home from work and found her crying and scared to death!  She got a collection notice in the mail!\n\nThen she got mad cause I was laughing!\n\nYou see.....what these guys didn't know was....I WAS ARMED!  I knew the law!  And now I was pissed!  In a very short time I had these guys off her case, no more calls or letters. \n\nIn a couple years her credit was spotless, she purchased her own car and had 2 credit cards.  \n\nYou need to just live off your husband's credit for a while.  You are in good shape, everything will work out fine.\n\nJust get ARMED!  Read the links below.
607389
I had a judgement filed against me. I paid the debt. I am now in the process of debt recovery. I did find out that when they file a judgement, you can call the lawyer in charge of the action and talk to them about debt repayment. The interest didn't mount up either after the judgement was filed. The only draw back is that they keep it on file for the next 6 years after the debt is satisfied
470218
If you were told that your payments would not change, I can only assume that yor plan is being paid pro-rata. This means only a portion of your unsecured debts are being paid back. This is usually due to the debtor (you) having a low income, and/or little equity in property. Depending on the equity available in your house, the payoff the court receives will probably not result in a full payoff of your debts.\nTrust me, if the full 100% of your debts gets paid by the sale of your home, your case will be concluded and you will not have to continue paying.\nWhat is the homestead exemption in your state? Keep in mind that you will be entitled to that exemption, and will receive that money from the sale of your home. In NY this exemption is $50,000. ask your attorney about that exemption.\nIf YOU sell your home, and you think that you will get enough money to payoff the BK, simply request a payoff figure from you trustee. At closing, the trustee is cut the check, and your bk is concluded.\nIf you surrender to the court and let them sell it off, they will do the same thing, but there WILL be more fees added due to the expenses the court incurs while selling the home.\nGood Luck, and please be sure to consult your attorney.
524866
There isn't much you can do without a written agreement.  If you have some record of the first two payments you might be able to take her to small claims court but then you would have to do it locally so that might not work for you.
190185
What was the date you defaulted on the loan?  When did you pay last?\n\nWith that much penalty/interest, it sounds like an old debt.  Each state has a statute of limitations, and after that time you have no legal obligation to pay the debt.  So that will at least get any creditors off your case.\n\nAs for your credit report, you can try what the previous responder said, and send a letter to the collection agency (See the links I've supplied below for info).  But I'm going to bet it won't work in your case, especially for a large credit card company that does this nonsense all the time.  They know the game, and know how to play dirty.\n\nJust because a loan has been charged off and closed does not mean you are off the hook.  The balance can be sold to a collection agency, and they can continue to try and collect.  Without looking at your agreement, I can't advise on how legal their intrest and penalty charges are.  But they will also threaten you with legal fees if they try to take this to court.\n\nCredit reporting agencies will report this debt for 7 years, after which they MUST remove it.  So check the dates, and if this is an old debt my suggestion is ride it out, then watch the report drop by itself.\n\nContact me if you need more info.
635540
Yes.  Now that they have a judgement they can "execute" on it.  They could ask for a court order garnishing your paycheck; they could have the sheriff confiscate your cars and put them up for auction; or they could put a lien on your house and then have the lien foreclosed and put up for sale.  In the case of cars and houses, whoever owns the first loan gets paid first, then the credit card company gets paid, then you get what's left.  To make it worse, they will add legal fees and auction/foreclosure fees to the bill if they have to do this.  You have two choices: either file for bankruptcy, or else refinance the loan on your house to get the extra money to pay off the judgment.  You should never have missed the court date.
117767
Yes! A civil judgment can be collected by seizure of personal property to be sold at auction and proceeds applied to the judgement amount. Also, it will prevent him (and possibly you since you are married) from getting financing for homes until the judgment is satisfied. I don't know how far the company is willing to go to attempt to collect thier money, and laws very from state to state,\nI suggest you, or he, or both contact an attorney for your best course of action. Since you are married, this will also effect his and possibly your credit reports and scores.
253327
Check your CC&Rs (Conditions, Covenants and Restrictions) which sets out the rules for condo residents.  It should set out specifically what consequences there may be for unpaid fees to the HOA.  But I agree, why don't you just pay it?
523822
Laws governing property and spousal rights vary widely from one state to the next. Go see a lawyer. Initial consultations are usually free.\n\nWith that said, in many states it doesn't much matter whose name is on the mortgage. Assets acquired while a couple is married are generally considered to be jointly held. And so, a wife who moves out nonetheless has a property interest in the house whether she co-signed the mortgage or not. The same is true for any other property and investments.\n\nIt will behoove you (especially if there are children involved) to not be guided by what any of the folks here are saying (including myself). Call a local lawyer who will help you to keep a share of what is rightfully half yours.
81571
First, I sure get tired of folks responding to questions as if they were text messaging you; I wonder if they can properly spell anything. Second, each state has slightly different laws regarding personal property and tenancy. I also have a feeling you left a few details out; the owner of the property where your "house" or trailer was/is sitting on, is a rented space to you (Lessee) owned by the Lessor.  You must have recieved multiple notices regarding the issue of your back lot rent, and THEN it went to Small Claims Court.  The Judge in Small Claims must have had your "paid up" receipts of record, (if you bothered to show up)or not-if not, the Lessor (owner of the property) would have won the small claims case, then she/he (Lesor)would have had an additional request, through another court, at another date later, to request seizure of your property to pay the back owed bills.***** They can only do this if they have proved you had received Notices of these actions.**** The only way they could have had the utilities turned off is if they ended up owning YOUR property in this very legal way.  Seek free legal help from your community legal program; there is pro bono in just about every city in the USA.
359230
The bottom line is what the title company says.  They insure title on your property, so what they say matters most.\n\nI recommend you estimate what it would cost to litigate the matter ($200?  $1000?).  Then analyze your options below.\n\nYour options:\n1.  Pay the person in full (you didn't specify the amount)\n2.  Offer the person what you would pay in legal expenses to release.  They get some money, you don't run the risk of losing.\n3.  Litigate.  Make sure you're on very strong ground, or you might end up with your bills, their bills, and the lien still unpaid and accruing interest.\n4.  Ignore the issue.  The lien may or may not expire, but it can also accrue some impressive interest (up to 12%/yr), and they may be able to foreclosure on that lien.\n\nI've been doing real estate since I was 19 and I specialize in "sticky" weird situations.  I would discuss the matter with a REAL ESTATE ATTORNEY (not a family friend attorney, someone who specializes).  Get their opinion.  If they think you've got a 90-99% chance of winning, consider litigation, but at 50-50%, I'd consider the painful but cost effective option of paying them off so you can move on and sell your house.\n\nPlease email with any questions.  Good luck!\n\nJared
576748
A mortgage involves a note and  a (trust) deed. Unless you expressly deeded an interest to your home to your ex-husband, you are the still the sole owner and he is obligated on the mortgage note (Sucks to be him if you default). \n\nThe disposition of the house and the mortgage (and debt) should have been explicitly dealt with in your divorce. If you had a divorce lawyer, you should contact the lawyer to determine if your EX has any legal rights to the home.\n\nMortgage companies and banks do not tend to be careless where a legal owner and spouse sign a note and trust deed. You may be obligated by the note. \n\nThe mortgage, however, would not entitle your EX to any interest in your home.