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  1. #1
    Join Date
    May 2014
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    6

    Default Responsibility for Debt After Divorce, Not Addressed in the Divorce Judgment

    My question involves a marriage in the state of:Oregon

    Hello, I will try to make this as short and sweet as possible. My ex and I have been divorced over 4 years. We verbally agreed we would each be responsible for our own credit in our names only regardless of the credit taken out while married. My credit was my credit, his was his. The only debt listed to be divided or named responsible party for on decree was Joint debt. Fast forward, 4 .5 years later. I get a letter from him or his wife threatening me with legal action because he got sent to collections for a JC Penny card in his name and according to the letter, it was a fraudulent account because ex had no idea I was not paying on this card and all the bills were coming to me and I was not forwarding to him and on and on.

    So I have never received a bill in his name to my address from JC Penny and never discarded anything. If the collections company had the right address in which to send the collection notice to, how can they say JC Penny was sending billis to me and how could he think I was paying this the whole time and all the sudden surprise, I was not paying. Again, we verbally agreed to pay our own credit card debt and NOT ONE word was ever spoken about this JC Penny account in the 4.5 years we have been divorced.

    It is not named on the decree as a bill I am responsible for. It is not mentioned at all, BUT is in his name and not mine! In fact, there is a joint bill on there he was supposed to have paid and never did, but I never pressed it. Does he/them have a legal leg on which to stand on with this bill? I find it harassing and almost an attempt to extort and or get out of paying his monthly child support. Thanks!

  2. #2
    Join Date
    Sep 2017
    Posts
    347

    Default Re: Ex of 4 Years and New Wife Send Letter Demanding I Pay His Collection Debt

    Well, if he thinks a JCPenny bill has any bearing on his child support, he's an idiot. Did your decree have the generic wording about each party being responsible for the debt in their own name? Did you use the card after the divorce? If you were using the card, that could definitely change things, especially if it's his account. The decree will often say that you agree to not use each other's credit also. Using the card would put you in a bad position.

  3. #3
    Join Date
    May 2014
    Posts
    6

    Default Re: Ex of 4 Years and New Wife Send Letter Demanding I Pay His Collection Debt

    Quote Quoting PMMH
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    Well, if he thinks a JCPenny bill has any bearing on his child support, he's an idiot. Did your decree have the generic wording about each party being responsible for the debt in their own name? Did you use the card after the divorce? If you were using the card, that could definitely change things, especially if it's his account. The decree will often say that you agree to not use each other's credit also. Using the card would put you in a bad position.
    Decree did not have anything about each party being responsible for debt in own name BUT it is also not stated on the decree that I was responsible for paying on that card . We have a joint card he was supposed to pay and that was listed but no other. NO I did not use the card after the divorce at all and if someone did, it was not I. I have a hard time believing he thought I was paying it the whole time which is 4.5 years and now all the sudden is acting blindsided that it went to collections.

  4. #4
    Join Date
    Oct 2006
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    14,360

    Default Re: Ex of 4 Years and New Wife Send Letter Demanding I Pay His Collection Debt

    Quote Quoting luvcaitlin
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    Decree did not have anything about each party being responsible for debt in own name BUT it is also not stated on the decree that I was responsible for paying on that card . We have a joint card he was supposed to pay and that was listed but no other. NO I did not use the card after the divorce at all and if someone did, it was not I. I have a hard time believing he thought I was paying it the whole time which is 4.5 years and now all the sudden is acting blindsided that it went to collections.
    Just ignore him. Seriously.

  5. #5
    Join Date
    Sep 2017
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    347

    Default Re: Ex of 4 Years and New Wife Send Letter Demanding I Pay His Collection Debt

    I'm confused about it taking 4.5 years for it to go to collections. Do you know if the card had a balance at the time of the divorce? If so, it would have been in collections years ago unless someone was paying the bill for 4 years and just suddenly stopped.
    If it had no balance, then someone obviously used the card and didn't pay it.
    Either way, I don't see how he could hold you responsible for his personal debt if it wasn't listed in the marital debt. I agree with you that if the collection agency sent the letter to him, then the original bill would have been connected to his address also.

  6. #6
    Join Date
    May 2014
    Posts
    6

    Default Re: Ex of 4 Years and New Wife Send Letter Demanding I Pay His Collection Debt

    Quote Quoting PMMH
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    I'm confused about it taking 4.5 years for it to go to collections. Do you know if the card had a balance at the time of the divorce? If so, it would have been in collections years ago unless someone was paying the bill for 4 years and just suddenly stopped.
    If it had no balance, then someone obviously used the card and didn't pay it.
    Either way, I don't see how he could hold you responsible for his personal debt if it wasn't listed in the marital debt. I agree with you that if the collection agency sent the letter to him, then the original bill would have been connected to his address also.
    I am confused too. I can't imagine it taking 4.5 years to go to collections. I called JC Penny and they could not tell me anything which I understand as I am not on account. The ex and his wife are accusing me of throwing away the bills and not forwarding to him as well which makes no sense. If I was to be responsible, what difference would it make if I throw away bills which I didn't because I never received any to throw away. I wish there was a way to find out when this actually went to collections or if there were any charges after we separated but there is no way that I can see. He threatens me from time to time and I just ignore but this is alittle out of line. We shared a vehicle loan when we were married, in the decree, I was to pay which I did. I refinanced and paid, but if I hadn't, I could not go after him. I dont think he has a right either as the bill wasn't even listed on the decree. I know it had a small balance but I can't recall what it was as it was a while back.

  7. #7
    Join Date
    Dec 2016
    Posts
    150

    Default Re: Debt

    Quote Quoting luvcaitlin
    View Post
    My question involves a marriage in the state of:Oregon

    Hello, I will try to make this as short and sweet as possible. My ex and I have been divorced over 4 years. We verbally agreed we would each be responsible for our own credit in our names only regardless of the credit taken out while married. My credit was my credit, his was his. The only debt listed to be divided or named responsible party for
    on decree was Joint debt. Fast forward, 4 .5 years later. I get a letter from him or his wife threatening me with legal action because he got sent to collections for a JC Penny card in his name and according to the letter, it was a fraudulent account because ex had no idea I was not paying on this card and all the bills were coming to me and I was not forwarding to him and on and on. So I have never received a bill in his name to my address from JC Penny and never discarded anything. If the collections company had the right address in which to send the collection notice to, how can they say JC Penny was sending billis to me and how could he think I was paying this the whole time and all the sudden surprise, I was not paying. Again, we verbally agreed to pay our own credit card debt and NOT ONE word was ever spoken about this JC Penny account in the 4.5 years we have been divorced. It is not named on the decree as a bill I am responsible for. It is not mentioned at all, BUT is in his name and not mine! In fact, there is a joint bill on there he was supposed to have paid and never did, but I never pressed it. Does he/them have a legal leg on which to stand on with this bill? I find it harassing and almost an attempt to extort and or get out of paying his monthly child support. Thanks!
    Here's my suspicion... It may have been 4.5 years since the divorce, but the debt on the card is more recently incurred. Your ex may have hoped to use you as a scapegoat to pay his debt on the card, and blame you for not paying yet. He may also be hoping to set up some sort of legal excuse for not paying another bill (like child support). What you described sounds a lot like he's setting up some sort of manipulation and hoping you will flinch.

    I agree with the others. Ignore it.

  8. #8
    Join Date
    Jun 2014
    Posts
    2,803

    Default Re: Debt

    I do not think he is telling you the truth. JC Penny and the collection agency have the addresses the bills have been going to. Also records of who, if anyone. has made payments on the bill.

    You do need to be prepared for him to stop paying child support. Personally, I think this is one of the things he is after. The court isn't going to let him stop paying his child support. But, getting to court can take time. Don't depend in his child support for basic needs of the child.

  9. #9
    Join Date
    May 2014
    Posts
    6

    Default Re: Debt

    One thing I might add to this post is that the letter I got speaks of my ex in the third person sense and so the letter is actually from his wife but with no signature. She has no right to get involved with any of this as it was before they married and if I want to get as petty as they/she is, I am looking at this letter threatening me with legal action if I don't pay as an attempt to extort or even blackmail me. She tried to use some "big" words accusing me of deception and creating a fraudulent account which all sounds hokey to me. My ex knows I am a worrier by nature and he is a bully and obviously married a bully himself. I don't want to be as petty as they are being, but I would like to scare them into leaving me the heck alone. Is there any kind of legal avenue other than going through a lawyer which I cannot afford, in which I could file a complaint against her or them for these accusations and attempts to get me to pay this bill? The problem lies that if they do drop this, there will always be something else. Two years ago, my ex all the sudden wanted a battery charger he loaned to my dad years & years ago. The battery charger had died and so my dad bought himself a new one, but to save piece gave my ex a new one so he wouldn't harass me. Mind you, he lives in another state and is this petty.

  10. #10
    Join Date
    Sep 2017
    Posts
    347

    Default Re: Debt

    Quote Quoting luvcaitlin
    View Post
    One thing I might add to this post is that the letter I got speaks of my ex in the third person sense and so the letter is actually from his wife but with no signature. She has no right to get involved with any of this as it was before they married and if I want to get as petty as they/she is, I am looking at this letter threatening me with legal action if I don't pay as an attempt to extort or even blackmail me. She tried to use some "big" words accusing me of deception and creating a fraudulent account which all sounds hokey to me. My ex knows I am a worrier by nature and he is a bully and obviously married a bully himself. I don't want to be as petty as they are being, but I would like to scare them into leaving me the heck alone. Is there any kind of legal avenue other than going through a lawyer which I cannot afford, in which I could file a complaint against her or them for these accusations and attempts to get me to pay this bill? The problem lies that if they do drop this, there will always be something else. Two years ago, my ex all the sudden wanted a battery charger he loaned to my dad years & years ago. The battery charger had died and so my dad bought himself a new one, but to save piece gave my ex a new one so he wouldn't harass me. Mind you, he lives in another state and is this petty.
    Here is what I would do:
    Send your ex an email and certified letter that you want no contact with him unless it's regarding the childrenat and that you feel their actions are an attempt to extort money from you. Put it in writing. Tell the wife you want no contact from her at all. She has no reason to ever contact you. If they contact you again, respond that you will be contacting the police and again, that you feel their actions are threatening you with what you feel is blackmail. This will document that you requested no contact and that you felt like they were trying to extort you. The police will tell them not to contact you.

    My ex was similar. His mom asked for gifts back that she had given me a year after our divorce. Some were expensive and I threw them all out in the front yard and told her they would be there waiting, as long as the pickers didn't get to them first. She bought me tires for my car when my ex was on his last drug binge and my tires were unsafe to drive on. She also threatened to come and remove those off of my car over a year later. He had one joint bill to pay and he didn't pay it. His car was going to get repossessed, so his mom paid it off. I later got nasty texts about why that bill wasn't paid because she "gave him the money" to pay it months prior. I told her when you give a drug addict thousands of dollars, that's your own fault. I never saw the money, so I couldn't tell her what happened to it. Too bad she won't pay his thousands in child support arrears though...

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