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Creditors looking for my ex

Date: Mon, 09/26/2011 - 20:40

Submitted by jetz4857
on Mon, 09/26/2011 - 20:40

Posts: 3 Credits: [Donate]

Total Replies: 9


Not sure if this is the right forum, but I have an unusual problem. I was married to a man who was from UK and lived here in the states legally on a visa (just never became a citizen here). We got divorced in 2010 (he moved back to UK while we were getting a divorce). Shortly after we got divorced I started getting creditor calls and letters that he owed money on a few credit cards, about $5500 total. I have no idea where he is as his family has said that he has moved somewhere in Italy. I have no way of finding him nor do I care to put time, money, effort into finding him. So, now I get a letter from an attorney that was mailed to my house but my ex's name on it. I opened it (illegal I know) and it is from a lawyer who was hired by a credit card company to collect his debt. My concern is that I got our house in the divorce settlement but it still has his name on the mortgage. I am unable to refinance in just my name so instead I am planning on selling it in a year or two. I am worried that these creditors will come after the house to get their money, like put a lien on the house or something. I have no phone number for him, no address and no info to give the creditors. I can tell by their attitude that they don't believe me when I say he is overseas. Can they put a lien on my house since his name is still on it? Can they sue him from here? No idea what I should do?


Quote:

I think it would be much better for you to sell off the house now if possible otherwise, yes they can sue him and even take away the home.


You are new here...please do not make up information if you do not know the answer.

They CANNOT take the house away. The mortgage company is in first position.


lrhall41

Submitted by SOAPLADY on Mon, 09/26/2011 - 21:44

( Posts: 17315 | Credits: )


First of all, it is illegal for them to call you, as a third party, and even disclose to you that he owes a debt. FDCPA 805(b). They can call you once in an attempt to determine his current location, but cannot even disclose that he is alleged to owe a debt. If you have told them that you dont know his location, it is illegal under FDCPA 804 for them to call again unless they have reasonably determined that your prior response was inaccurate.

The statute does consider a spouse to be the "consumer" for purposes of debt collection under the FDCPA. But the minute your divorce became final, it became illegal for them to have any communication with you regarding his debts.

I would never open anything addressed to him. Just return it. If they call you, just tell them that they are in violation of FDCPA 805(b), and that any further communication from them will result in legal action on your part.


lrhall41

Submitted by Lian on Fri, 09/30/2011 - 02:14

( Posts: 234 | Credits: )