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Need some direction or answers for those of you who understand divorce decrees and courts for collections

Posted by on Nov. 9, 2011 at 11:40 AM
  • 84 Replies

My mom got divorced this year, her ex-husband in the divorce decree is 100% responsible for the broken lease and any other lease related, property bills that occured during the marriage, it even names the landlord he is responsible to, and my mom is responsible for any and all utility bills in her name and she got the vehicle. She was not granted spousal support because she will hopefully be recieving disability soon. My mom is being sued by the collection agency representing the landlord even though it states in the decree that her ex-husband is responsible for 100% of the rent (he left her and she couldn't afford the rent on 0 income so I took her in, he filed for divorce shortly afterward, they are suing for 9 mos rent which is the remainder of the year lease.) They had court today, my mom brought the decree and her ex never showed up. They told her she is still responsible no matter what the decree said (the collection agency not the courts..she thinks it was a mediator that was there but that person never said a word). My mom has no property, no money and is disabled can they really take her to trial when she is not supposed to be responsible for the bill in the first place?

by on Nov. 9, 2011 at 11:40 AM
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Replies (1-10):
furbabymum
by on Nov. 9, 2011 at 11:41 AM

They can sue her and she has to sue him.

ProudMom9799
by on Nov. 9, 2011 at 11:42 AM

 i dont think so but here's a bump

2and2onway
by Platinum Member on Nov. 9, 2011 at 11:42 AM


Quoting furbabymum:

They can sue her and she has to sue him.

They are suing them both.

opal10161973
by on Nov. 9, 2011 at 11:43 AM
2 moms liked this
No they cannot. It was a scare tactic to attempt to collect a debt. Those people are so slimy! She needs to tell them to sue her. If they do, she can then show proof to the judge that she is NOT responsible for the debt. The judge would then take her off of the claim they think they have. If there was a true mediator there, which I doubt, he would have said something.
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furbabymum
by on Nov. 9, 2011 at 11:43 AM

She is responsible. The decree is a contract between her and her hubby. The collection peeps are going to get money from whoever they can. I think she should help by giving the collection agency any information about him that she can. However, she will have to sue him to uphold what is essentially a contract between him and her regarding the division of assets and debts.

southern.momof2
by on Nov. 9, 2011 at 11:44 AM
I think she has to pay it and then sue him for it.
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furbabymum
by on Nov. 9, 2011 at 11:45 AM

Don't listen to this. Sorry Opal but you don't really know how the legal system works.

Quoting opal10161973:

No they cannot. It was a scare tactic to attempt to collect a debt. Those people are so slimy! She needs to tell them to sue her. If they do, she can then show proof to the judge that she is NOT responsible for the debt. The judge would then take her off of the claim they think they have. If there was a true mediator there, which I doubt, he would have said something.


barrelracer1699
by Gold Member on Nov. 9, 2011 at 11:46 AM


Quoting southern.momof2:

I think she has to pay it and then sue him for it.


Christine0813
by on Nov. 9, 2011 at 11:46 AM


Quoting opal10161973:

No they cannot. It was a scare tactic to attempt to collect a debt. Those people are so slimy! She needs to tell them to sue her. If they do, she can then show proof to the judge that she is NOT responsible for the debt. The judge would then take her off of the claim they think they have. If there was a true mediator there, which I doubt, he would have said something.


2and2onway
by Platinum Member on Nov. 9, 2011 at 11:47 AM


Quoting furbabymum:

She is responsible. The decree is a contract between her and her hubby. The collection peeps are going to get money from whoever they can. I think she should help by giving the collection agency any information about him that she can. However, she will have to sue him to uphold what is essentially a contract between him and her regarding the division of assets and debts.

The judge ordered the ex to pay the stuff instead of spousal support, so maybe its not called a decree. There was no contract between her and ex. He is an over the road truck driver and never comes to town.

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