Need help with a debt

[T. Lynn]

I'm going through a divorce and in July my husband asked me to switch the cell phone bill over into his name. The account was in my name but if I agreed, he wouldn't have to get a new phone number and I wouldn't have to pay an early termination fee. So, the nice person that I am, agreed.

With the next bill, I come to find out he purchased a $300 cell phone 2 days prior to the transfer. Now this debt is under my name & my account. They gave him a new account number and said they couldn't transfer the balance over.

We had our 4-way postnup agreement meeting and my lawyer & his lawyer stated this bill is his reponsibility and needs to be paid and it's even listed in our agreement. Of course, he has yet to pay it. It's in my name so he's not gonna be too quick to do so. Now I'm getting notices that it will soon be sent to collections. I don't want this to damage my credit because I will need to get an apartment for my daughter & I.

What kind of letter can I send to the collection agency? What exactly should I say? I'll even provide them with a copy of our divorce agreement as proof that he accepted the debt as his. With the bills I currently have and lawyer fees I still owe, I have no extra money to pay the debt or I would and get reimbursed when our house sells.

Any help would be greatly appreciated...

 

[minnie1928]

I would check with your attorney (since you have one familiar with this situation) to check about the letter. Just make sure that all contact you pertaining this item is documented. Don't talk to the collection agency on the phone, do everything via certified letter.

 

[T. Lynn]

I just hate to call my lawyer about it cause of the additional money it costs me per phone call. I took some of the debt and husband took some of the debt until house sells. I still owe lawyer but once I pay the bills I'm required, it leaves me with barely anything left over.

In the meantime, husband is out living the high life cause he isn't holding up his end of the bargain and paying the bills he took. I even had mortgage company calling me looking for the payment. Had to tell them that this was his responsibility until it sells. I'm paying the bills that I took so it doesn't hurt either of our credit. Whatever he is behind on will come out of his portion of the house proceeds, but it just sucks cause it damages my credit in the process. He doesn't even care about his own credit so there is no reason for him to care about mine.

I worked so hard to maintain good credit and it hurts knowing one person can ruin it all in a matter of months and there is nothing I can do about it.

 

[Chicago526]

Don't bother with the letter, divorce decrees mean nothing to the credit agencies. Pay the bill to avoid this going to collections and then go after your ex for the money. Trust me, collections is horrible and you DON'T want to go down that path if you can avoid it.

Again, the letter won't help, divorce decrees are not enforceable when it comes to creditors. Who ever is on the account has to pay, no matter what the divorce papers say. This goes for ANY account that still has your name on it. You are still responsible until your name is off that account. All the divorce papers mean is that you can take your ex to court for him to pay you back, it will not help you with the creditors.

 

[luvsJack]

I don't exactly how this works, but when my niece was divorced her ex had opened some accounts and run up some bills in her name. She was able, through the court system, to most of the accounts transfered to his name. I think that some were not due to the policies of the company. But, it seems if they know he was the one who purchased the phone and turned around and changed the phone to his name, they should be able to put the charge on his account.

 

[T. Lynn]

I talked to Sprint many times and they even saw that we both gave permission for the change to take place. I was told, however, that they could not transfer the balance over to his new account.

He purchased the phone 2 days prior to the account being changed (without me knowing). He did it at a store by his work and his signature are on the documents. His lawyer informed him that it's his obligation to pay it, but then again, since that portion is still in my name, he's taking his good ole time paying it - if he even does! Guess if anything, it will show his lawyer more about his character and reinforces me as to why I'm divorcing the deadbeat (sorry to sound harsh but there is just so much more that I won't go into).

I'm just concerned about my credit. I've worked hard to keep it in good standing and now I feel like my hands are tied behind my back.

 

[Tinker'n'Fun]

I would pay the bill then submit the paperwork to the lawyers for you to get reimbursed. Will you? Probably not, since ex sounds like he is working towards filing bankrupcy. Will the $300.00 now save you tons more by having a good credit rating. YES, YES, YES. I know it's hard, but just swallow the pill, pay the amount, and realize YOU are the better person who cares about responsibility.

 

[T. Lynn]

I would pay it if I could but right now the lawyer bills are killing me. They won't file all the divorce paperwork until they are paid in full.

I want my child support automatically deducted from his paychecks because right now I get it whenever he makes the time to get payment to me. I don't like being late with my bills and rely on this income to stay responsible.

Guess I will see what I can do...

 

[Tinker'n'Fun]

Call the cell phone company and make payment plans. Anything you can to stop them from reporting it to your credit report.

You can file the paperwork to have the child support taken directly out of his paycheck without an attorney. Do that. You will have to go through child services to do this.

 

[RitaE]

I'm certainly not a lawyer but from what I understand - a divorce agreement is an agreement between you and your (ex) spouse on who will pay the bills.
It is not binding to the original creditors -- ie you agreed with them to be responsible for that bill and they still have every right to hold you responsible for that bill.

I'm sure that if you pay the bill, then you do have recourse against your (ex) spouse to collect the money from him, but I'm not sure of the logistics of that process.

 

[akcire]

Can you report the phone as stolen? If you do that with the information from your profile, it may be disconnected.

I'd talk to the cell phone company, not mention the divorce, advise that it was purchased without your knowledge, then ask them to disconnect the phone not the phone line in his name, just the phone.

That would be a wake up call to your ex.

 

[seashoreCM]

Are you sure you are responsible for his new $300. phone?

If the bill was switched to his name it should be out of your name, no?

If the bill was not switched to his name then he was not authorized to purchase a new phone.

Disney hints: http://www.cockam.com.disney.htm

 

[runwad]

Start calling in and ask the attorney's secretary questions instead of asking him. She will relay to him and call you back with an answer w/o a charge. At least that is how it works in my firm and what I advise our clients to do. Now if he has to call you back yep you'll get a bill. Good luck.

 

[Jeanne B]

Are you sure you are responsible for his new $300. phone?

If the bill was switched to his name it should be out of your name, no?

If the bill was not switched to his name then he was not authorized to purchase a new phone.

Disney hints: http://www.cockam.com.disney.htm

My thoughts exactly...I'd be calling the cell phone company...if the account was in your name only what right did they have to charge a $300 phone to your account without your authorization??

I'm going through a divorce myself right now, my choice, but I feel your pain.

 

[T. Lynn]

You can file the paperwork to have the child support taken directly out of his paycheck without an attorney. Do that. You will have to go through child services to do this.

We already have the support figures and custody in our postnup. We had a four way meeting and decided on everything to get it all done and over with at one time. I have to wait for husband to sign the final draft so it can be filed through domestics for the automatic withdrawals to start.

 

[T. Lynn]

My thoughts exactly...I'd be calling the cell phone company...if the account was in your name only what right did they have to charge a $300 phone to your account without your authorization??

He knew my pin on the account to make the purchase.

 

[pixiewings71]

He knew my pin on the account to make the purchase.

Even knowing your pin I don't see how Spring was OK with him charging anything on your account. My DBF and I have a cell phone account with Verizon, it's under my name and he cannot charge anything or make any changes to our account, I have to do it. Good luck OP, I definitely think Sprint messed up on this one. As for your credit, I think I'd just pay the bill and go after your H to get the money back, I know it's a bitter pill to swallow but if you want to keep your credit clear this is how to do it. Also, when applying for your rental for you and DD make sure you tell the manager that your credit may have dings as you are currently going thru a divorce and your ex is not being as responsible as you'd like. It does work, I had the same kind of issues and the explanation worked well for me.

 

[robinb]

I think I am in the minority here. I wouldn't worry about my credit rating. One $300 unpaid bill is not going to keep you from renting an apartment, getting a job or getting a credit card. Plus. once your ex pays the bill you can have it noted your credit report.

I am still wondering how Sprint allowed him to purchase a new phone on your account without your knowledge or approval, even with the pin number. Dealing with bill collectors will be a PITB, but if you don't have the money now to pay it you don't have any choice than to deal with them. I would just take the stand that the phone purchase was not authorized.

 

[T. Lynn]

I think I am in the minority here. I wouldn't worry about my credit rating. One $300 unpaid bill is not going to keep you from renting an apartment, getting a job or getting a credit card. Plus. once your ex pays the bill you can have it noted your credit report.

I am still wondering how Sprint allowed him to purchase a new phone on your account without your knowledge or approval, even with the pin number. Dealing with bill collectors will be a PITB, but if you don't have the money now to pay it you don't have any choice than to deal with them. I would just take the stand that the phone purchase was not authorized.

That's what I kept telling Sprint as well. Why am I billed when I didn't authorize the purchase? I don't understand that either...

 

[daisax]

That's what I kept telling Sprint as well. Why am I billed when I didn't authorize the purchase? I don't understand that either...

But if he signed in as you and used your PIN, then as far as they're concerned, you DID authorize it. Even if they accept that he did the transaction and not you, they can say you authorized it by giving him the PIN in the first place.