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-   -   Taking ex husband to small claims (https://www.askmehelpdesk.com/showthread.php?t=223043)

  • Jun 4, 2008, 04:41 AM
    princess40
    Taking ex husband to small claims
    My ex husband signed our legal separation and its filed with the courts of Ontario. He stated he would pay for 2 credit cards upon execution of transfer of house which has occurred.
    Its been 4 years since our separation and collection agencies are calling me cause he has not paid them which I thought he would have. I have also filed a claim in small claim court regarding these.
    Does the statue of limitations come into effect or will he be forced to pay or will I?
  • Jun 4, 2008, 06:41 AM
    Credendovidis
    Dear princess40

    If your husbands commitment to pay was a condition of the separation arrangements, than that is still valid.
    If it was a personal verbal promise , you have to go to court to get that settled properly.

    Success
  • Jun 4, 2008, 07:13 AM
    ScottGem
    You can't sue him in Small Claims court to force him to pay those bills. If YOU paid them, then you could sue him to get reimbursed. If you want to force him to pay, you have to go back to the court that affirmed the divorce agreement to have him cited for violation of the agreement.
  • Jun 4, 2008, 10:58 AM
    DBmtgprocessor
    Just remember the credit card companies don't care about what your divorce paperwork says. You are both obligated to the debt and they can still collect from you if he doesn't pay

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