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Any hope for me when I receive a 3rd Party Summons for Divorce Debt?


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I received a 3rd-party summons yesterday. In my 1999 divorce, I "won" the Sears credit card debt. When I became unable to pay, my ex-husband was "hounded" to pay (they never would deal with me because my name wasn't on the original account. Anyway, ex-husband can't pay so his attorney filed this summons, along with the original summons from LVNV and LVNV's Affidavit in support of Plaintiff's Claim. The collectors are LVNV Funding. The statute of limitations in Missouri is 5 years and it's possible this still is timely. What do I do? I hear this is a brutal outfit and I'm worried I'll lose what little I have left. I am remarried with a 10-year-old daughter. We rent our home (having lost our home in 2005). Any help would be appreciated.

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You should probably check to see if there is a www.naca.net lawyer in your area that will offer advice...but...

What the divorce court says, and what the other courts go by do not always agree. If the sears card was strickly in your husband's name, its not your problem. His only recourse would be to pay it, and then sue you for the amount under divorce law. But, although I'm not a lawyer, I'm pretty sure he can't sue you because someone else is suing him for the amount.

If you were a co-signor, then maybe you could be held responsible, but your husband doesn't get off scot free.

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Your ex husband's attorney is probably filing suit to enforce the terms of the divorce. As unfortunate as it sounds, if the Final Order specified that you were to pay the Sears bill and you haven't, the ex is well within his right to haul you back into court.

He might go down for not paying the bill, but it looks like he wants to take you with him.

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