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Collections Law/Ex-spouse's Student Loan Debt - Do I have to pay?
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Question
Dear Michael - I hope you can help. I have been receiving multiple calls (including at work, and attempts to reach me through friends, family, associates) regagrding a Student Loan that my (now ex) spouse borrowed in 1998. I never signed a promissory note for this loan. (I have a vague recollection of arguing with my ex-spouse about this when I refused to sign for the loan.) We separated in 2000 and divorced in 2002. Collection agencies are now pursuing me for payment and damaging my credit rating for a loan I did not borrow, for funds for which I received no benefit. I have a letter dated in 2003 in which my ex-spouse advises the lender/collection agency not to contact me, as this is not my debt. Debt collectors are now pursuing me for payment (apparently they cannot find my ex-louse, I mean ex-spouse) and the debt collectors are now saying that I am responsible for this debt EVEN THOUGH I never signed loan documents, simply because we were, in fact, married at the time the debt was incurred. What are my rights? How can I dispute this debt? I don't think I should be responsible if I was not the primary debtor and never signed the loan documents. (This debt is not mentioned/disclosed in our divorce decree - had I known of this debt, I would have insisted this matter be resolved incident to the divorce.)
What can I do now?
YOU do not owe the debt. Send them a certified letter, return receipt requested advising them you do not owe it. Advise them if they contact you again you will sue them and file a complaint with the Federal Trade Commission for violation of Fair Debt Collection Practices Act. If they persist, follow through with your threat, you might get damages.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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