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Jojool

Totally confused, frustrated and mad...

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About a year ago, my husband was served regarding Midland Funding and a debt that we had NO idea what it was. We went through all of the responses, filed with the courts. Also asked for all of the information that they had (the lawyers) on the debt.

We were finally given a court date, and we showed up. We were told by the clerk of court that the case had been settled, and a judgement had been granted against my husband.

After asking the court how this could happen, (we did our part, showed up for court!!!) they said that we hadn't responded to one of the orders...we never rec'ed any order regarding the judgement, but whatever.

We decided to settle, as it was under $1000 and we just wanted it out of the way. the lawyer's office agreed to $100 a month.

We've been paying, as agreed. I should say my HUSBAND has been paying this, as I had NOTHING to do with the debt. The 'alleged" debt was incurred before I even knew my husband.

On Saturday, I rec'd a copy of an Application and Affidavit of Default against ME. It included a Notice of Intent to seek Entry of Default and Judgment by Default...and named ME only.

WTF? What do I do now? How can they go against ME, personally, for a debt (which we still did not agree to, but my husband settled) that I had absolutely NO connection to? If this debt was valid, then according to the dates, I didn't even KNOW my husband when it was incurred!

Please, help! I am not a lawyer. I am just an unemployed person, who has been working VERY hard to repair my own credit (ruined by my ex) and finally have a decent credit score. Now this????

If this goes through, then bankruptcy might be our only answer. If I have to have my credit screwed up this badly by these idiots, I might as well go all the way and get rid of it all.

HELP!????? Please!!! :(

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Arizona is a community property state so I believe all the debts belong to both parties.

Seems strage they would go to that much trouble for such a small amount and one that you are paying off. Are you sure he is making the payments?

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There isn't enough info here to help you much, the law in AZ could exempt you from this depending upon the property you own and how is was acquired. The default part of this sounds like the agreed upon payments have not been made. At any rate, they may just want to include you to be on the safe side. If the payments are being made as agreed upon, you should file an objection to this application.

There are two statutes at play here: Arizona Revised Statutes

25-213. Separate property

A. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.

25-215. Liability of community property and separate property for community and separate debts

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary.

B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single.

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