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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16450
Experience:  Licensed experienced Attorney
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I took out a payday loan with my ex husband three years ago.

Customer Question

I took out a payday loan with my ex husband three years ago. It was not paid and it shows up on my and his credit report. He is threat to sue me because he says he didn't know about it. What is my rights and could I be responsible?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Was this issue addressed during divorce?

Customer: replied 1 year ago.
No it was not, he just pulled his credit report and it shows up on it. He is not being sued with collection he just says it shows up on his credit report. We filed bankruptcy 4/2012 and says that it shows up opened 6/2012 and either I get it off, prove that it has been paid or included in the bankruptcy or he is going to sue me legally.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Was this debt acquired during the marriage?

Customer: replied 1 year ago.
it was we were not divorced until 5/11/2015
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Generally, any issues related to financial claims while the spouses were married, would have to be addressed in the family court that has granted the divorce and in some cases a divorce case can be reopened to address the issue, if such issue was not disclosed to the court by the spouses in the divorce filings, however, in most cases it can cost thousands of dollars in legal fees and court costs to have divorce case reopened, so it is not likely to be done unless the debt in question is large enough to justify spending the time, money and energy required to reopen a divorce case.

I wish you the best of luck!

Customer: replied 1 year ago.
do you suggest I seek legal representation or just wait and see if he does something else.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

What is the amount of the debt in question?

Customer: replied 1 year ago.
$609.00
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Have you considered simply contacting the company to which this debt is owed and resolving it with them?

Customer: replied 1 year ago.
That means I pay the whole thing and it will still show on his credit report. Do I have to pay it just because he says he didn't know about it. I don't need a law suit either.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Generally, given the small amount of the debt, if the ex does decide to pursue legal action, it can easily cost much more to litigate the issue, than to simply have it resolved by contacting the creditor and possible even settling the debt for 50% or less of the full amount.

If the debt is settled it would show up on both credit reports as paid in full (for less than full amount, if it is settled for less), since both co-borrowers are jointly and severally liable for the entire debt.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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