zezee Posted November 21, 2007 Report Share Posted November 21, 2007 I have a collection agency showing"joint accountissued 3-06 for $1422reporting to all 3 CRA's on 9-2007Cancelled by credit grantorThis was for rent of residence. I gave ex money to pay but they didn't. Divorce court said ex was responsible for 1/2. (but they'll never get $$ from them)Since this was "cancelled by credit grantor", how should I handle it? Thanks for your efforts.Z. Link to comment Share on other sites More sharing options...
willingtocope Posted November 21, 2007 Report Share Posted November 21, 2007 Well, the bad news is...the CA's won't care anything about your divorce. If your name was on it, they're going to want you (or your ex) to pay it.You might try calling the OC and see if you can work something out. Don't bother with the CA....(except to DV them, of course). Link to comment Share on other sites More sharing options...
MadMonkey Posted November 21, 2007 Report Share Posted November 21, 2007 I'm with "willingtocope" on this one.You should have made the payments on your half directly to the landlord not to your spouse. The judgement states your responsible for your 1/2. You trusted your ex to deposit your check and pay the rent, which according to how your wording your post did not happen:Pulled this off of Google. FYIIn California, Family Code section 910 provides that the community is liable for all debts incurred during the marriage and prior to separation. It doesn’t matter whether the debt was incurred by one spouse for there own benefit or for the family. It also doesn't matter whose name appears on the bill or the credit card statements. If it was incurred during the marriage and prior to separation it's a community property debt and both spouses are equally liable. This means that when the parties are negotiating a settlement and tallying the marital balance sheet such debts should be divided equally. A better option might be that one spouse agrees to pay off the joint debts in return for a greater share of the community property. The spouse paying off the debts can at least make sure that joint debts are paid because as long as debts are jointly owed both spouses are financially responsible to the creditors.-----------------Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the parties shall be confirmed as follows: (a) Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties' respective needs and abilities to pay at the time the debt was incurred. ( Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.Debts incurred by either spouse after entry of a judgment of dissolution of marriage but before termination of the parties' marital status or after entry of a judgment of legal separation of the parties shall be confirmed without offset to the spouse who incurred the debt. (California Code - Sections: 2501, 2581, 2601, 2602, 2621, 2623, 2625, 2641) Link to comment Share on other sites More sharing options...
kel Posted November 21, 2007 Report Share Posted November 21, 2007 I had a situation similar to this. I ended up paying the debt on my lawyers advice. Then I had to sue my ex. The debt and responsiblity was covered by journal entries in the divorce so I was awarded in the law suit. But collecting from the ex is a different story. Link to comment Share on other sites More sharing options...
Recommended Posts