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Personal Finances / Credit Cards and Consumer Debt
|Subject: Re: Anyone ever fought a debt lawsuit?||Date: 2/21/2012 8:02 PM|
|Author: DufusGoneSplat||Number: 304523 of 309050|
Did the attorney give you any feedback as to whether your daughter is likely liable for the debt?
She says my step-daughter is liable referencing Colorado Revised Statue 14-6-110 Family Expenses. Colorado is a common-law state. To qualify this as a family expense is stretching it but ....
Did she sign for any liability for the procedure (they were still together and may have taken him in for the procedure)? Just saying the now ex-husband incurred the debt isn't enough to unconditionally make an ex-spouse not liable for the debt.
She didn't sign anything.
The divorce agreement may have "assigned" debt to individuals, but the original lenders are not part of that agreement. If the debt is paid, all is well. When an ex-spouse declares bankruptcy, then the lenders are going to seek repayment from the other spouse. The divorce agreement is meaningless.
In regard to the divorce settlement, the Court just reinforced the original agreement that whoever initiated the debt keeps the debt. I have heard that divorce agreements are meaningless if both parties agree to the debt, but this is not the case here.
She should get a copy of her credit report and try to obtain a copy of his bankruptcy filing. If he wrote off any joint accounts, she may have a much larger nasty surprise.
I have been meaning to have her pull a credit report.
The only joint debt they had was the house and two cars. I know the house and one car is no longer held jointly. My step-daughter assures me her ex-husband refinanced his car too. I hope so. She is more lax following up than I am.
We are holding our breath that no other nasty surprises appear.
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