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In 2001 my divorce was finalized. In the court order our marital debt was divided and my ex-wife was responsible for a Rooms to Go account of approximately $2000. Over the course of the following years I have received collection company letters requesting the debt be paid and have had problems when obtaining loans from financial institutions. I provided the institutions with a copy of the court order/marriage disolution and it satisfied them. Recently I received another letter and the debt is over $4000 and since 2001 it is still negatively effecting my credit score. What is the best way to handle this situation. I have thought about contacting the credit bureaus and collection companies and providing them with a copy of the court order as well as my ex-wife's name, date of birth, and current address. I have been told in the past that eventhough the court order requires her to pay the debt, it is still in my name alone and I am still responsible for it. What should I do?
State/Country of Question: Florida Already Tried: Provided information to financial institutions but I have not contacted credit bureau or collection agencies yet because I am unsure how to properly handel it.
It is correct that even with the order the lender has the right to hold you responsible for the debt since it is in your name. You can send them the order but they are not bound by it. You can sue your wife for being in contempt for her failure to pay the debt as required in the order. So if you get sued or have to pay the debt you can sue her for your damages and attorney fees since she is in contempt.
Lawyer (JD)
Attorney-Business degree from The University of Texas