Fidelity Creditor Service
Date: Sat, 04/02/2011 - 16:32
Fidelity Creditor Service states that he owes the bill even though their divorce decree states she is responsible for her debts and credit cards.
I understand California is a Community Property State - however, a lawyer informed him that the divorce decree is enforcible in this case and that she is responsible for the medical bill.
The medical bill is now about $800 and we don't know where his ex would be living now.
What should he do?
Send a certified letter, RRR including a copy of the decree. If
Send a certified letter, RRR including a copy of the decree. If he knows her social security number, include it and they can trace her. Tell them he doesn't owe the debt and that under the FDCPA you are requesting that they cease and desist contacting him.
Horrible Advice
The previous response was absolutely incorrect. Requesting a cease and desist does not make the bill go away. If the debt was incurred prior to your boyfriend's divorce, he is 100% resposible for the bill due to California's Community Property Laws.
A divorce agreement is between the parties of the divorce and does not extend to the parties creditors. Basically what this means is that if he pays for something that she was ordered to pay by a divorce decree, he can legally, through the court, seek reimbursment from his ex-wife.
