Debt collectors trying to collect debt from when spouse and I were separated

by Annette
(Illinois)

Hi, I would like to explain my situation and see if you can help me. I am a single mother of two. I was divorced in 2009 and my husband and I had a collection agency after us while we were seperated but not divorced yet. The bills that the collection agency is sueing us for are all my exhusbands bills. I didn't sign or accure any of them. So when I filed for divorce I had the collection agency put in the divorce decree that he was to pay this debt. And the judge signed it. So my exhusband should be responsable for this debt, right?
Well anyway. My exhusband is on disability and refuses to pay these bills so they have been sueing me for the debt..The collection agency says that they don't have to abide by the judges divorce decree, Is this true? They have been taking me to court every 6 months or so for the past 5 years to try to get me to pay the debt, but I have very little income and can't afford to pay. Last month they even went as far as to put out a body attachment on me because I failed to appear in court. ussually they send a summons and this time they didn't. They said they told me at the last hearing when this one was going to be, but I don't remember. I had to send them $100 dollars usd. to get rid of the bench warrent, but the cops still came to the house. I had to show the cops the reciept in which I had paid them and the cops called them. They said they must have forgot to report to the cops that I paid them. These aren't even my bills. everytime we go back to court the attorney for the collection agency is who I talk to. I keep telling them I want to see the judge but they keep refusing to let me do that. I want to show the divorce decree to the judge to see what he says. But they won't let me. They are not even taking my exhusband to court or anything because he says he doesn't have to pay it because he is disabled and they can't garnish disability payments because that is government money. Is there anything I can do about this? I read your blog and hoped that you could help me!

Thank you for your time and hope to hear back from you soon.


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Jun 24, 2013
Debt collectors trying to collect debt from when spouse and I were separated
by: Debtcollectionanswers.com

Annette:

So sorry for all of your legal difficulties.

First, if I am reading your question correctly, the debts at issue are joint debts that you and your ex took on before you got divorced, and your divorce decree says that he must pay them. Unfortunately however, regardless of what the decree may say, since they are joint debts from your marriage, if your ex does not live up to the terms of the decree, the creditors and debt collectors are legally entitled to go after you for the money, which sounds like what is happening. Also,they are probably going after you rather than your ex because they cannot take his disability money.

Have you considered filing for bankruptcy? From the sounds of things, that might be a very good option for you. It would immediately stop all of the collection actions being taken against you and would wipe out all or most of what you owe. I recommend that you Call a bankruptcy attorney now toll-free at (877) 248-2510 for a FREE consultation. Also, read this, how to file for bankruptcy, to learn more about how bankruptcy works.

Good luck.

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