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  1. #1

    Default Contacted by a Debt Collector After Divorce, My Ex- is Responsible for the Debt

    My question involves a marriage in the state of: California

    I am current serving military, stationed overseas. My divorce decree states that my ex wife is responsible for all assets in her possession (except my personal effects as overseas) and credit cards were divided between the two of us. I have always paid for her and the kids throughout the separation and continue to meet all requirements set out in the decree.
    4 months after the divorce was finalised a debt collector contacted me demanding payment on a car she had let get repossessed. The paperwork was in both of our names but I did not sign on it despite the paperwork apparently having my signature on it. I never even saw the car. The collection agency threatened to contact my first sergeant and so I set up a payment plan to pay back the outstanding $8000. I already pay $3000 in child support (which was miscalculated to be too high) and after paying off $5000 of the debt, I'm about to be discharged from the military. My wife supports our family on her own and pitches in the extra for my kids out of the goodness of her heart but she cannot afford to pay the child support and the outstanding debt.
    Is there anything I can do as the car was in my ex wife's possession?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Debt

    sure. get thee into court to enforce the divorce decree and seek a judgment against your ex for the money you had to pay for the debt that was assigned to her in the divorce.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Debt

    To expand on what JK is saying, your divorce decree has no bearing on the creditor. You agreed to pay them, and the fact that you've worked out some agreement with your wife doesn't change that. The only recourse is to have the court compel her to pay or pay it yourself and try to recover the money.

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