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I recieved a summons from a finacial comp that had bout a credit card debt i had when i was married.I left my marrage(texas) 7-2-2007 on the run at that time left every thing the house,2 trucks,a race car and a pro street car as my aggreement in my divorce decree my husband was supposed to take care of All debt up untill I left in the divorce and said i would recieve half the mineral rights to the house 20,000 and all i did recive was 16,000 which i bought my daughter a car now i am getting this summons for 5000.00 and another 1740.00 intrest?? plus acell phone bill that i have been in tennesse since and i never even took the credit card or cell phone and they were useing another $800.00 worth or so what can the company that bought the account do and what can I do ???I had tried to talk to them but to not aresonable person!!! please advise
Hi Shelley:
First, if you have not done so, you need to get your name off or close any account you do not have direct control over and any joint account.
Secondly, I am not certain I fully understand your marital situation or the divorce decree but let me say this. If you are a signer on the account, it was your account, or your name is otherwise on the account, you are responsible for it until your name is removed. They have a right to sue you. You can try and negotiate a settlement, fight it in court, or a judgement will be issued against you. In general, they have to sue you in the Tennessee. So if they are suing you in Texas, ask the court to dismiss it based on your location. But on the issue of them suing you, they don't care if you were divorced or what your divorce papers say as long as you are/were legally on the account.
Thirdly, if you have an agreement in your divorce papers that he is to be responsible for for these debts, then you have to collect from him or sue him. You just show/prove any payments you made or judgement you have against you that the divorce decree says he is responsible for.
It's hard for me to get into all the details without seeing actual documents, but this is the general procedure and should help guide you on what you can do in this situation.
Good luck!
Regan
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Answers by Expert:
Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.
Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials
BA University of Minnesota
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