Subscribe To This Site
XML RSS
Add to Google
Add to My Yahoo!
Add to My MSN
Subscribe with Bloglines
Home
Blog
Popular Topics Negotiating
Being Sued?
Deceased Debts
Credit Reports
Debt Not Mine
Foreclosure
Bankruptcy
Medical Debts
Free Resources Free Worksheet
Q & A
Complaints
Alerts
The Book Our Book
Buy Now
Testimonials
The Authors
Site Info Newsroom
Privacy Policy
Partners
 

Wife and I being sued for her ex husbands debt

by Mark
(Georgia)

Yesterday my wife received a phone call from a collection attorney regarding payment on a credit card that she had with her ex husband. She has been divorced from him for 20 years, and has filed bankruptcy twice before I married.

The attorney said that he intends on suing both her and I for this debt if we do not settle this account. The last payment was made by her ex husband back in 2007.

Today we received a letter from the attorney requesting payment of this account.

What course of action do we need to take at this point to protect ourselves from this?

Since she had divorced him 20 years ago, and has filed bankruptcy twice, is she not cleared of this account?

Comments for
Wife and I being sued for her ex husbands debt

Click here to add your own comments

Sep 03, 2010
 debt of ex spouse
by: Gerri & Mary

Mark,

What type of debt is this? Was your wife a cosigner on this debt? If so, did she include it in her bankruptcy? If not, why not?

A little more information will be helpful. Thanks!
Sep 03, 2010
 Type of Debt
by: Mark

The account is a discover card, that was opened by her ex husband in 1990. She got divorced in 1991. She filed for bankruptcy in 1993. She cannot remember if this was included in the bankruptcy nor does she remember the credit card account. However the paperwork that she did keep on the 1993 bankruptcy states any and all accounts.

She filed again in 2004 and i know that this account is not on that bankruptcy.

We are going to send a letter to the collection attorney requesting a copy of the signed contract to see if her name is on it.

She has not received a bill or anything on this account until now.

I do not see how I can be liable for this account.
Sep 08, 2010
 old debt lawsuit
by: Gerri & Mary

Thank you for clarifying that. First of all, we didn't catch the fact that the attorney threatened to sue you for this debt when we read your question. That definitely sounds like a potentially illegal threat to us.

The fact that your wife filed for bankruptcy and listed all debts may mean that the collector can't go after her for this debt either. (And then there is the question of the statute limitations which may also have expired on this debt.)

We encourage you to at least consider getting a free consultation with a consumer law attorney. If the debt collector has broken the law in its attempts to collect from you, it may be liable for damages and attorney fees. At a minimum, you may be able to get them to leave you alone once and for all. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

Your other option if you don't believe you all this debt, is to send the collection attorney a letter explaining briefly why you don't believe you or your wife owes a debt (you can include the fact that she filed for bankruptcy and included all her debts in her petition) and telling them not to contact you again. You'll find more information about this approach on our page about cease and desist letters and debt collection.

Please do let us know how this turns out for both of you.

Click here to add your own comments





Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2011 by Mary Reed and Gerri Detweiler.
All rights reserved.

SBI
SBI!

We are honored to be featured as a Best Money Site!

best money sites

free ebook chapter

debt collection help on DebtCollectionAnswers.com