More details to this question:
I was responsible for some bills in my divorce and I have been off work with a back injury and am trying to go back to work so fell behind on a bill to Wells Fargo Financial and now they have sold the debt to a collection agency in Mass and they are threatening my ex wife with legal action. I told the attorneys for them I would pay the bill, my ex wife is on state retirement and is not responsible for the debt.
8 ANSWERS
If the debt was a joint obligation the third party creditor can collect from either party. How the debt was divided in dissolution is only binding upon the parties.
Answered on Jan 04th, 2013 at 3:21 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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As far as any creditor is concerned, each person is liable for the debt. If they are not willing to work with you, your ex-may have to pay and then you will have to reimburse her.
Answered on Dec 23rd, 2012 at 6:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It was a joint debts, even though was assigned to you as a result of the divorce, the joint creditor has a right to seek election against any party they can collect from, in this case it appears your wife is a easier target. Divorce judgment have to do with the rights between the two parties, not the parties and their creditors. If your wife is compelled to pay the Wells Fargo bill then it will be required by the court, under the judgment, that you reimburse her.
Answered on Dec 23rd, 2012 at 6:27 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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I do not know where you live or where the debts were incurred. If in Arizona - then both you and your ex-wife are responsible for all debts incurred while married. The only exceptions are real estate and corporate guarantees/sureties.
Answered on Dec 21st, 2012 at 1:37 PM
Divorce Attorney serving Manhattan, KS
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Charles W. (Chuck) Harper, LLC(serving Manhattan, Ft. Riley and Junction City & area)
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Bankruptcy may be an option or work out an arrangement with the debt collection company but I suggest your contact an attorney familiar with bankruptcy/collection law.
Answered on Dec 21st, 2012 at 11:48 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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A divorce decree making you responsible for the debt does not relieve your ex of liability if her name is on the debt. The collection agency can go after her. Her remedy is to file contempt against you in the divorce case.
Answered on Dec 21st, 2012 at 3:12 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you both signed the contract with WF, they can hold both of you responsible, regardless of what your divorce says. However, your divorce document may say that your ex can come after you if she is held responsible for the debt. Check the document.
Answered on Dec 21st, 2012 at 2:36 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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If she signed the loan or credit card application, she is still responsible for it, even though you have been ordered to pay it. Wells Fargo was not a party in your divorce case.
Answered on Dec 21st, 2012 at 1:43 AM