k12503 Posted April 16, 2003 Report Share Posted April 16, 2003 Dh has join account with Ex from before they were married.Ex has always made the payments until they became seriously delinquent in 1997. Accounts are now closed but they both have large balances. Divorce decree states ex is responsible for account but she has recently started making late payments again. ( She was timely until FEb of this year.) after about 3 years of late pays Was shoppin around for advice on what to do to make her bring accunts up to date. We are currently trying to buy a house and the neg marks caused by the late payments are having dangerous effects on DH's credit score. One lawyers suggested we file a motion to compel her t pay in state court but we are unsure how to do this. Where should I look for information? Is this something we can do ourselves? Another lawyer suggested Dh file for bankrupcy and "in a year and a half his credit will be GREAT!" what the f@#$%%k! - needless to say I hung up on him.DH refuses to even bring up the matter with ex as they haven't spoken to each other in years and had a very acrimonious divorce. Is filing a motion to compel her to pay on the account something we can do ourselves..? Where would I even start!. We are very simple folk who live on very little income so we cannot afford a lawyer.Any suggestions?! Link to comment Share on other sites More sharing options...
kb9tbq Posted April 16, 2003 Report Share Posted April 16, 2003 Yes; this is really the only recourse when ex defaults on credit.What you do is go to court house and file for judgment; get a processor to serve her papers to appear in court.Be sure to have copy of the divorce decree showing her to be responsible for the account. And explain how this has damaged your DH credit in trying to apply for a mortgage loan. This will only accomplish establishing her responsibility in the matter. If a person is of the mind not to pay - you would have to push further for wage garnishment. See if the creditor can be forced to close the account so that no further charges can be racked up. If your DH has to pay off this account just to move on; it will definately go twards showing damages in court.This is such a messy matter; would recommend having a lawyer to back you the whole way; and catch anything possibly overlooked here that is suggested to get accomplished.Filing the judgment is not that much in small claims court - can't say for certain in your area (but know here in Illionis for our small town like $58 plus think it is $16 for the person to be served). I am not totally sure on every aspect of this; but will give you an idea of where to start & what to ask - ok. Link to comment Share on other sites More sharing options...
demoncasterouter Posted April 21, 2003 Report Share Posted April 21, 2003 DO NOT EVER FILE FOR BK!!!!!! Link to comment Share on other sites More sharing options...
LadynRed Posted April 21, 2003 Report Share Posted April 21, 2003 I dunno.. saying don't ever file for BK is a bit drastic. Sometimes there's just no other way out. Link to comment Share on other sites More sharing options...
demoncasterouter Posted April 21, 2003 Report Share Posted April 21, 2003 Well, you know what I mean..............unless it's the ABSOLUTE last thing and there's NO other way around it Link to comment Share on other sites More sharing options...
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