QUESTION

Was served summons in Oct. 2009 for a debt aquired while married. Divorce was final im Jun. 2009. They put the garnishment on me. My half is paid.

Asked on Oct 06th, 2011 on Business Law - Alabama
More details to this question:
How can I get the garnishment stopped since my portion is paid and we are no longer married?
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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The details of your question are sketchy.  I will assume that the debt was signed for by both of you.  That means you both probably signed a note or other instrument promising to pay a specified sum for a product or a service.  You were later divorced. I will assume that the divorce agreement (or divorce decree) called for you paying half and your former spouse was to pay half.  You have said you paid your half but your ex-spouse did not.  Now a garnishment has been filed against you.  The problem is:  You signed the note saying to the merchant that you would pay all the debt.  Your ex-spouse did the same.  The merchant can look to either of you or both of you to pay the agreed sum.  The fact that you and your ex-spouse agreed to split the debt (even if it was in a divorce court) is of no interest to it.  The merchant was not party to that agreement.  He will pursue collection from whichever of you he feels he can collect.  I think your only possibility is to go to the merchant and show him the divorce arrangement and show him where your ex-spouse is employed -- and ask that he pursue the ex-spouse.  There is no obligation for him to do so.  If that doesn't work, you probably have a claim against your ex-spouse for not paying his/her share of the debt.  If you were represented in the divorce action, you should confer with your attorney.  If you were not represented in the divorce action, I recommend that you confer with a divorce attorney and explore whether there is a feasible chance for you to recover your losses against your ex-spouse. 
Answered on Nov 21st, 2011 at 7:43 PM

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