About Equality in Marriage Institute Expertise As a non profit organization commited to assisting and supporting men and women through their divorce transition, we will answer any questions -from how to get yourself on your feet after being served with divorce papers, questions to ask your lawyer, how to appeal or modify your judgement and the different ways to end your marriage to how to empower and care for yourself, the benefits of joining a support group and how to manage your divorce process. Please note that we are not lawyers, financial advisors or therapists. The information given is intended to provide you with direction towards resources, websites, and answers that can help you through your transition.
Experience We have experience answering hundreds of questions from both men and women who are going through the divorce process.
Question Hi. I've recently been contacted by a debt collector and offered an "opportunity" to settle on an auto loan that was incurred during my previous marriage. Our divorce papers state that my ex-husband is responsible for this loan and took possession of the vehicle. He let it default and the vehicle was eventually repossessed. Now, years later, they are coming after me for the money because I either co-signed the loan or it was a joint loan, I don't remember which. My question is... Which legal document takes presidence in court - if it should get that far. I don't know if I should pay this settlement to protect my best interest or if I should just let it go to court because the vehicle and the loan went to my exhusband, therefore making it HIS problem and responsibility. The collector stated this was a "72 hour offer" and that on Monday noon he was going to his client and will probably be ordered to pursue this in court. He said they could add interest for the last 5 years, repossession costs, court, legal and attorney costs, etc. so in the end it would be MUCH more than the "offer" they are giving me to settle now. They CAN'T get anything from my exhusband, he already has judgements against him so what's one more. I'm just the opposite and I'm sure they can see that on my credit report. (Divorced in 2001, vehicle purchased in 1999 - I think?!) Thanks for your help. Sheila
Answer Dear Sheila,
I apologize for the delay in getting back to you. This is unfortunately a tricky situation. The debt collector that contacted you should offer you the documentation as well as the offer. This way you can confirm that this is for real and that you have info to give to your lawyer should this end up in court. Review your divorce papers for the allocation of the this debt. You may be responsible for paying the bill if your name is on the paperwork for the car. It may also be possible for the judge to order that the debt collector go after you spouse as orginally agreed to in the divorce.
If the bill is not paid it could certainly affect your credit rating so it is in your best interest to get this worked out. Speak with a lawyer about how to protect yourself.
