Hello, I was divorced two yrs ago and there was a particular debt both my ex & I owed for a water filter system that is still being used by my ex at the house (I'm no longer at house). The calls and the bills from the creditor were directed at me & sent to my new address. I told my attorney and he told me to send him the bill so he can inform them to stop calling me because of the divorce decree - Wittn agrmnt that she would take charge of that particular debt. (Aparently my attorney did nothing). Over a yr ago I pulled my credit report and saw 'charge off' beside where the house mortgage was because the house has been in foreclosure status. I did not thought anymore about it. I spoke with my ex about it and she said she saw the same thing on hers so it looked like there was some type of lien against the house for that debt and perhaps settled between the bank & the creditor.

I lost my job recently and had to change address 2 more times since divorce. So I did not get some of my mails because of forwarding problems with one place. It so happen that about 3 weeks ago all my bank accts were garnished and all my funds in my savings acct - consisting of tax refunds and tuition check funds from my college - were taken. Also my checking acct had about $600 of unemployment funds was used up in garnishment & overdraft fees. Do I have any rights here, or opportunity to work out anything, or is it too late?

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

The bank acted upon receiving a valid writ of execution that was the result of a judgment against you. If you were not aware of this judgment or the suit that resulted in it. Then you MAY have grounds to vacate the judgment on the grounds of improper service.

But this is probably a long shot since your ex was properly served. Your first step now is to get the case information from your bank (you have a right to a copy of the writ of execution). And then contact the court to see what the case is about and what happened.

Thanks, I hope it helps too, I am going to act upon it and see what the results are and I'll let you know.

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Originally Posted by legalQ

... I told my attorney and he told me to send him the bill so he can inform them to stop calling me ...

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A water filtration system? Is this an ongoing monthly expense?

I would contact your attorney and get a copy of what letter he sent. If he doesn't have proof that he sent a letter, and if you can prove that he agreed to take care of it, you might look to him for the charges that accrued after that time.

Although the divorce order says he has to pay for it, the collection company and the water company may sue you, him or both. And they can garnish your pay and attach your bank account

Your only recourse will be to take him back to divorce court to get them to order him to repay you.

But they can, ( at least in TN and GA where I am at) do what they did

The family court order, does not stop them from debt collection, only gives you rights to go back to husband for repayment

Thanks AK, this was an ongoing expense. As for my divorce attorney, he's a piece of work right now: Yes he did say he would contact the company at the time. But I have no proof of on paper unfortunately. Again 3wks ago I contact him immediately when I discovered the garnisment. He told he was going to be out of town for one week. The following week, we spoke and he asked me to send him some info so he can remember what the situation was about and what creditor it was, and he would contact them to find out what the situation was. I sent him a copy of an old bill I had and my bank statements. He told me he would do get in touch with them that Wed. I called him back on Thur. and he started having attitude that I keep calling him for a simple matter and he is busy and will get to it when he can. I reminded him that he told me wed, so he repeated that he will get to it when he can. I was so pissed, I just said bye and hanged up.

I really don't know what else to do because I made contact over two weeks ago with a prominent law firm and they are taking all the time in the world for an attorney to get back in touch. I didn't want to give up like this. I almost could not pay my rent the 1st of April, and have not able to pay any child support of some other expense due to my money being taken away - a couple couple thousands too.

Call your attorney and ask him to loan you the money to carry you over until you get the money back. See if that spurs him.

Haha.. that'a really funny. Anyway, I really appreciate your time Sir, and I will let you know later on what finally went down, because I made contact today with the court and got some initial instrutions.

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Originally Posted by legalQ

... As for my divorce attorney, he's a piece of work right now: Yes he did say he would contact the company at the time. ...

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The point I was getting to is this: someone should have contacted them and said that you would no longer be responsible for the ongoing bill. This is a task that doesn't require a law degree. Anybody with a third grade education should be able to write a letter.

Apparently you let this issue lie dormant for more than two years. The main fault is your own.