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View Full Version : Have You Ever Been Burned For Something Beyond Your Control?


SunnieRN
04-09-2010, 07:33 PM
This is depressing, embarrassing and SO frustrating.

I have been divorced for about 5 years now. When I was married, I lived in CA, I now reside in TX. CA is a community property state. When my ex husband and I were still married, he bought a water softener system for his house. This was in his name, but he listed me on the paperwork as his spouse, with my income. I didn't sign any paperwork.

Today I got a shocking surprise when I went online to pay my bills, transfer my leftover funds to savings etc. My account had been seized and there was a court order on my account. I had no idea what was going on and made a TON of phone calls, tried to get it worked out and find out what I could do.

Bottom line, he stopped making payments, I wad listed on the loan despite the fact that I didn't sign the papers, so I am responsible for this bill. Talk about stark raving mad!!!!:scared1:

I have it worked out so I can get a letter from the company and get my bank account unlocked, next week. But... talk about an unexpected punch in the gut.

Legally, I'm not sure where I stand yet, but after talking to my banks legal department, the companies legal department and a friend who is a paralegal, they all say to try to work something out to unlock my funds at this point.

I am just happy that I am in TX and can't get to my ex husband. THAT would NOT be pretty!

Sorry, rant over, but I had to get that out!

blessedmom4
04-09-2010, 07:36 PM
That is terrible! I hope there will a legal avenue to pursue to make your ex responsible for ALL of the bill!

Mary•Poppins
04-09-2010, 07:38 PM
I think I would probably talk to an attorney. This all sounds quite funny ... especially if YOU didn't sign anything. Having your funds locked and then the possibility of your credit score going to pot ... I would be furious. Your ex is lucky he lives so far away!

ShannonMB
04-09-2010, 07:39 PM
OMG, I would be SO FREAKED OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ARRRGGGGHHHH!!!!

So if they do decide that you are responsible for this (which would be so unfair, but since I don't know anything about marriage/property/debt laws :confused3), how much did the stupid idiotic thing cost in the first place -- any idea?

cm8
04-09-2010, 07:52 PM
:hug:, I would be so upset too!!! Hope it works out for you!:flower3:

blessedmom4
04-09-2010, 07:53 PM
In NC, married couples are jointly and severally liable for debts incurred during the marriage…arrghhh! (Just celebrated our twentieth anniversary yesterday, so I haven’t experienced this first hand thankfully). Again, I am hoping you can work this out so it doesn‘t cost you…

Purseval
04-09-2010, 08:08 PM
You'll probably be on the hook for this. If I were you I'd make sure there weren't any credit cards that still had both of your names on them before you get some more bad news.

mskayjay
04-09-2010, 08:16 PM
I would think you'll be told you're responsible for the bill thanks to Mr. Jerkface, but at what point does/did the company have responsibility to reach out to you and let you know they have this bill that you owe money on? How can they NEVER have contacted you and then have the legal right to just bury you like this. Absolute garbage in my not so humble opinion.

I would counter-sue the ex for listing you on a debt like this without your knowledge. How can you possibly legally be able to do that? I sure hope someone with a legal background comes in here and offers you so advice. You so don't deserve this honey and I hope he gets whats coming to him!

pbrim
04-09-2010, 08:19 PM
IANAL, but as long as the debt was acquired during your marriage, I'm afraid you will probably have to pay up on this one. Community property means community debt as well, and your divorce is not your creditor's concern. You may be able to sue your ex to recover the money, if he has any. You need to check with an attorney and you need to check your final decree.

My own brand-new (2 month old) decree specifically states that any undisclosed debts are the responsibility of the contracting party. It also states that if a creditor moves against party A for a debt that the decree says belongs to party B, party B agrees to pony up not only the money owed, but all of the money party A spends fighting it. A lesson that a good lawyer can be worth the money, even in a relatively amiable divorce.

usnuzuloose
04-09-2010, 08:21 PM
I am so sorry.:hug::hug: Yes I have been burned, I think I would have had your situation than what I endured. I wouldnt wish my life on anyone. Your in my thoughts and prayers. Jo

SunnieRN
04-09-2010, 08:46 PM
OMG, I would be SO FREAKED OUT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ARRRGGGGHHHH!!!!

So if they do decide that you are responsible for this (which would be so unfair, but since I don't know anything about marriage/property/debt laws :confused3), how much did the stupid idiotic thing cost in the first place -- any idea?

After fees, court costs etc., it is $8900.00!! I have no idea what the original cost was.

I would think you'll be told you're responsible for the bill thanks to Mr. Jerkface, but at what point does/did the company have responsibility to reach out to you and let you know they have this bill that you owe money on? How can they NEVER have contacted you and then have the legal right to just bury you like this. Absolute garbage in my not so humble opinion.

I would counter-sue the ex for listing you on a debt like this without your knowledge. How can you possibly legally be able to do that? I sure hope someone with a legal background comes in here and offers you so advice. You so don't deserve this honey and I hope he gets whats coming to him!

The company claims they "served me". When I asked the address they served, it was somewhere I lived after we had separated. I find it hard to believe they did serve me as I would have remembered that for sure!

Counter suing my ex would not do me a bit of good as he is totally disabled now and has nothing. I feel for him, in his physical condition, but I am also LIVID toward him. You can't get blood from a turnip however.

Thank you one and all for your kind words. I think I am going to have to eat this. When we filed for divorce we had the papers written up so that we were no longer responsible for the other partners debt. Too bad I didn't file prior to his "purchase", or I guess I should say "financing" of this purchase. All of our accounts and credit cards were separate as he had been married before and gone through a nasty divorce. :rolleyes1 Now I wonder why.... sheesh.

bumbershoot
04-09-2010, 10:45 PM
Just because the system was bought before your divorce doesn't mean the debt he has incurred *since* your divorce is yours. They are probably going after you b/c they thought you were still the spouse. I would think that you should just show that the bills from the divorce on are NOT legally yours, and that would be it. But I'd have an attorney do that for me. :)

SunnieRN
04-09-2010, 11:25 PM
Actually Bembershoot, the unit was bought prior to our divorce, while we were separated already. Have an appointment with a lawyer next Wednesday, but hopefully my account will be released prior to that.