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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Default Ex is Violating the Divorce Decree

    My ex-husband is a Tennessee resident. I am a North Carolina resident, but our divorce was filed in Tennessee November, 2006. At that time, I agreed to allow him to continue using a Visa card with his promise that he would pay it off. His name is not on the acct. I did this in good faith to help him get back on his feet after our divorce, despite our differences. The balance continued to grow, but he made monthly payments on time, until January of 2008, when the balance hit $12,000. At this time I received a notice from the credit card company that the January 12, 2008 payment had not been made. After trying forever to get him to respond, I got a text message saying that his “bankruptcy lawyer and judge” advised him not to pay any longer.

    Just after our divorce, I fulfilled my obligation as set forth in the divorce decree to pay off the card, bringing the balance to zero. All charges accrued after that date (Dec 2006) are documented and occurred in Tennessee, using the card in his possession. He does not dispute the fact that he incurred the debt. I have saved instant messages on my computer confirming his willingness to pay the debt.

    The following two items from our divorce decree are what I feel form the basis for a lawsuit requesting payment of the loan in full, plus all interest and fees, as well as any and all legal fees I incur to obtain payment from him

    10. Each PARTY shall be individually responsible for payment of any debts incurred by him/her individually and since the PARTIES’ separation except as hereinabove set out.

    and

    13. In the event it becomes reasonably necessary for either party to engage in legal proceedings to procure enforcement of any provision of this Marital Dissolution Agreement, he or she shall also be entitled to a judgment for reasonable expenses incurred in prosecuting such action including, but not limited to, attorney fees and court costs.

    I’m currently making minimum payments to avoid marks on my credit. I also attempted to draft the Feb payment from his bank account since he had left his banking information on the online account management website. However, he had the charge reversed in early March, incurring an additional $29 fee added to the balance.

    On February 11, 2008, I sent him a demand letter requesting the that he make the Feb payment, then pay it off in full or I’d file suit against him for breach of contract. In response, I received the following text message “Im sending all letters to my lawyer and no im not paying the visa card it will be in my bankruptcy”

    If and when he files for bankruptcy, I fully expect him to hide all of his assets, which he has made a practice of doing for years.

    Also, complicating issues, he has a truck which is in my name. There is an outstanding loan against the truck in both of our names at the local credit union. To date, he continues to make payments on this loan, so I’m not sure if I can repossess the truck, legally. The text of our divorce decree in this regard reads as follows:

    6. The HUSBAND shall take the Toyota Tundra which is titled in the WIFE’S name; however, the indebtedness owing thereon to XXXX Credit Union is in both PARTIES’ names. The PARTIES agree the HUSBAND shall be responsible for payment of the indebtedness to XXXX Credit Union and hold the WIFE harmless therefrom. At such time as the loan is paid in full, the WIFE shall execute any documentation necessary, including the title, in order to vest full title in the HUSBAND.

    I have no idea how that issue would be handled should he actually file for bankruptcy.

    He’s been living off of medical disability insurance (fraudulently) for years, as well as keeping all assets in his mother or father’s name, so filing bankruptcy is not even going to touch him personally, other than wiping out debts he’s incurred.

    Must I file in the state of Tennessee? Do I have a case? How do I make sure that (at the least) I’m listed in his bankruptcy filing?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Ex Violating Divorce Decree In Tennessee

    Must I file in the state of Tennessee? Do I have a case? How do I make sure that (at the least) I’m listed in his bankruptcy filing?
    Yes, it appears so, and get an attorney to protect your rights.

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