I hear this one frequently and there is no simple, satisfying answer. First, some basics: Your creditors were not parties to your divorce action so they cannot be made to follow the final decree of divorce and only look to the spouse ordered to pay the debt. Creditors and debt collectors will generally go after whomever they think might actually pay regardless of what the decree says. When someone is ordered to do something, like pay a debt on another’s behalf, and they fail to do it, the remedy is usually an enforcement action or some sort of seizure of the asset … [Read more...]
My ex won’t pay debts from the divorce and now it’s ruining my credit!
I hear this one frequently and there is no simple, satisfying answer. First, some basics: Your creditors were not parties to your divorce action so they cannot be made to follow the final decree of divorce and only look to the spouse ordered to pay the debt. Creditors and debt collectors will generally go after whomever they think might actually pay regardless of what the decree says. When someone is ordered to do something, like pay a debt on another’s behalf, and they fail to do it, the remedy is usually an enforcement action or some sort of seizure of the asset involved. Generally, … [Read more...]
What’s Fair Is Fair: Rise in FDCPA Cases Offers Opportunities for Lawyers
From The Texas Lawyer, July 18, 2011 With the economic downturn, the number of consumer credit-related suits filed in U.S. District Courts in Texas has steadily increased over the past five years. In 2005, 81 such cases were filed in Texas, according to PACER, the federal courts' online filing system. But in 2010, that number rose to 390. The trend is on track to continue this year. From Jan. 1 to June 30, 2011, the number of consumer credit-related cases filed in Texas' U.S. District Courts totaled 263, compared to 190 for the same period in 2010, PACER shows. The numbers include consumer … [Read more...]
