Debtconsolidationcare.com - the USA consumer forum

divorce

Date: Tue, 12/18/2007 - 17:09

Submitted by anonymous
on Tue, 12/18/2007 - 17:09

Posts: 202330 Credits: [Donate]

Total Replies: 10


MY husband hasn't paid his bills, now collections is after me! He's the prmary


It's for a dirt bike bought in 2004 by my husband. I'm on the credit card, but hsd nothing to do with buying it. The collection agency contacted me yesterday by letter for the first time. The bills always came in my husband's name, and I assumed he was paying it. I work part time 10 hours a weeks, and hubby works full time. I called the agency, and the agent was rude and screamed at me. He answered my call by screaming at me. I don't know what else would help...


lrhall41

Submitted by on Tue, 12/18/2007 - 20:13

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If you are a cosigner then you are also responsible. If he was given responsibility of the debt in a divorce it still does not absolve you of the debt, even if you didn't create it. What matters is that you name, social security# and other personal information is attached. You could probably sue him though.


lrhall41

Submitted by FYI on Tue, 12/18/2007 - 20:18

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Is there anything I can do about the CA? The agent was rude, kept putting me on hold, interrupting, talking over me, and telling me to "be quiet" and stop talking. He screamed the entire time. I emailed the company's website and asked for a different agent, but have received no response. He ended the call by saying I refused to pay, and then hung up on me.


lrhall41

Submitted by on Tue, 12/18/2007 - 20:39

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On the divorce, debt, etc... I've been through this myself. I take it that he was handed the debt in your divorce decree? Was that before he bought the bike, or after? Were you a cosigner, or an authorized user on the card? As it stands, your only option may be to sue your ex for the debt. Check with an attorney first, though. Some states, you can have the courts enforce the debt against him solely, and make the CA lay off. It varies by state, the wording in the decree, and other factors.

As for the CA acting like a petulant 5-year-old... Unfortunately, a lot of collectors just get off on trying to bully people. Personally, I think it's a side effect of the lobotomy. You don't have to play doormat for anybody. Send them a debt validation and partial cease-and-desist letter. This serves to: [a] make them prove the debt is yours, that they have the right to collect it, etc., and inform them that they no longer have the right to contact you by telephone. Allow them the option of contacting you by mail only, rather than ceasing all contact, so as not to escalate the situation unnecessarily. There are templates available on this site for the letter you need to send them. Send it certified mail, return reciept requested. Then keep a copy of what you sent and the little green card that shows they signed for the letter.

On debt validation... Make sure they actually send you full validation of the debt, as spelled out in the letter. Don't pay them dime one unless and until they do it, either.


lrhall41

Submitted by unclewulf on Tue, 12/18/2007 - 21:07

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First, your divorce lawyer SUCKED....they should have made sure the debts were refinanced or otherwised put in his name (for the ones he was required to pay).

As for the collector, don't be managed by them...manage THEM. Explain in a calm tone that if they yell, click. If they talk over you, click. If they do anything you don't generally like, click. Explain that you will talk to them once you get advice from your attorney but not until then. Otherwise tell them you will talk with them once ever two weeks and then ignore them.

GBD


lrhall41

Submitted by on Wed, 12/19/2007 - 12:02

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I'm not divorced yet. We just decided to get a divorce, nothing has been done yet. Our small child just had majory surgery, and we want to wait until he's better. hubby did call the CA, and told them it's his debt, but was told by the agent that he "didn't care about that". We're sending a letter asking for the account to be put in his name, but these vultures will probably ignore it. The agent told me(after I asked 5 times) that the CA doesn't own the account. Does that make a difference?


lrhall41

Submitted by on Wed, 12/19/2007 - 20:58

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Okay, then you are in good shape.

If you go through with the divorce, just make sure that any joint debt is refinanced in your respective names. If that means opening up a new credit line/card, tranferrring balances, and closing the old accounts, do it. You should have no joint accounts except for perhaps the mortgage (that's harder to refinance with bad credit)--but only if you are responsible for payment and live in it.

Your hubbie sounds like he is doing the right thing but if you are both on the account, they will harass both of you...and concentrate on the weaker.

Good luck to your son, I hope he recouperates well.

GBD


lrhall41

Submitted by on Thu, 12/20/2007 - 08:16

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