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Divorce Judgement

Date: Wed, 04/01/2009 - 09:14

Submitted by dlb4603
on Wed, 04/01/2009 - 09:14

Posts: 9 Credits: [Donate]

Total Replies: 20


Hello,
  New to this form so "Hello" to all and hope someone can shed some light on my situation!
   In 1993 I was legally divorced and ordered to take over certain loans as well as my ex-wife. I paid off all my loans years ago but now one is coming back to haunt me.
   The particuliar loan was a line of credit signed by both myself and my ex-wife in 1993. The judge ordered her to take over this loan and make payments on it. This was sighned by all concerned parties in court.
   About 10 months ago I started receiving threathening phone calls that I was not making payments and a law suit would be filed against me.
   My mistake and I know this now is that I should have taken my name off the loan so she would be fully responsible for the loan.
   The ex has continued to use this line of credit since 1993 and has not made a payment for about 11 months.
   Do I have any legal rights or am I basically screwed?
   Thanks for your help and advice in advance.
   DLB


Thanks Sassy-What does HELOC stand for?
Thanks beli2005-I have yet to receive any letters from the credit agencies.
At present I have a lawyer looking into this and he has told me that if they cannot produce my original signature form 1993 on the actual loan I do not owe any money. Opinions on that comment.
Thanks again for the responses.


lrhall41

Submitted by dlb4603 on Wed, 04/01/2009 - 09:51

( Posts: 9 | Credits: )


Yes I have spoken to my ex and her answer was "I don't have the money."
Am I liable for the whole balanced owed or can that be negotiated?
It is my understanding that these defaulted loans are bought for pennies on the dollar and the collection agencies try and get the full amount.
Can the collection agency sue me for the whole amount and/or can they sue her also? What if I say I can't afford it?


lrhall41

Submitted by dlb4603 on Wed, 04/01/2009 - 10:16

( Posts: 9 | Credits: )


Since it's with a collection agency you would need to send them a debt validation letter.?? However, since you have an attorney helping you, I would ask the attorney if you can have all their calls and correspondence forwarded to him.
Since it's with a collection agency, it could be pretty easy to get you out of this.
??


lrhall41

Submitted by sassy_lil_brandy on Wed, 04/01/2009 - 10:51

( Posts: 479 | Credits: )


Sure.?? A debt validation letter is a letter you send them asking them to validate the debt.?? Meaning, they have to produce proof that this debt is yours.?? They have 30 days to do this.?? During the 30 days, all attempts to collect the debt must stop.?? There is a form letter on this site that you can use.
??
Most of us on here have cleared this stuff up on our own.?? Many folks on hear have a world of knowledge to help you with this.
??
I would start with the debt validation letter.?? Sometimes they will just send a recent statement.?? You will then need to request something showing you actually signed for the letter.
??


lrhall41

Submitted by sassy_lil_brandy on Wed, 04/01/2009 - 10:58

( Posts: 479 | Credits: )


I found this info from creditinfocenter.com and wanted you to see this-
Exemption for out of state collectors-Out of state collectors are exempt if (1) Collecting by interstate means: and (2) have no clients in the state of Michigan.
Not all states require licensing, however. Here's a little cheat sheet
(Word Doc) to see what the collection licensing laws in your state are.
It's got other handy dandy state law information as well.
If you believe that they are not licensed, and licensing is required in
your state, write them another letter and tell them they are in
violation of your state's collection laws and are subject to
prosecution and fines. Cite your state's fines and procedures in the
letter. This is a last ditch effort, but has worked in some cases.
I have a meeting with my lawyer on the 7th of April and will find out more from him if he still wants to help me out. Where on the site is the validation letter?
Thank you again-you have been very helpful.


lrhall41

Submitted by dlb4603 on Wed, 04/01/2009 - 11:16

( Posts: 9 | Credits: )