Check out some similar questions!

freakinout · May 6, 2011, 06:43 AM

Almost 18 yrs ago my husband at the time and I need to claim bankruptcy as I was pregnant with our 1st child and no longer working we were advised that I didn't need to claim because I was planning on being a stay at home mom and the onlt debt I had was on our house and our truck so yrs have past we are divorced and have remarried getting on with life in September it will be 18 yrs now a collector is call my house and threating to seize my bank and my assests (which I don't really have much of or in either ) I am now a mother of 4 I work part time my husband is on long term disablity I do not have the money to even think about paying this debt ( the house was sold but they want the differnce plus interest ) I am scared confussed no idea what to do if someone could please give me some advise it would be much appreciated Thannk you

JudyKayTee · May 6, 2011, 07:04 AM

Who does the debt collector represent? Are you POSITIVE that it isn't a representative of the Court, claiming some type of fraud?

Call the Attorney who handled the Bankruptcy, made the recommendation that only your husband file, and ask that person. He/she would have very specific knowledge about the law 18 years ago (it's changed since that time) and your specific situation.

AK lawyer · May 6, 2011, 07:12 AM

Originally Posted by freakinout

... so yrs have past we are divorced and have remarried getting on with life in September it will be 18 yrs now a collector is call my house and threating to seize my bank and my assests ...

A deficiency on a mortgage note you owed on 18 years ago would, I suspect, be barred by a statute of limitations. What were the terms of your divorce decree regarding the house and the mortgage? Was there a judicial action to foreclose the mortgage? When was the house sold?

Originally Posted by JudyKayTee

...
Call the Attorney who handled the Bankruptcy, made the recommendation that only your husband file, and ask that person. He/she would have very specific knowledge about the law 18 years ago (it's changed since that time) and your specific situation.

I doubt that such an attorney would be able to remember much about a bankruptcy case he or she handled that long ago. Of course it wouldn't hurt to ask. But I am not clear on exactly what you are suggesting she ask.

excon · May 6, 2011, 07:16 AM

Originally Posted by freakinout

I am scared confussed no idea what to do if someone could please give me some advise it would be much appreciated Thannk you

Hello freakin:

I don't know if you should have been included in the bankruptcy years ago or not.. But, if you were married, I don't see how you could have avoided it. You say you had two debts, the house and the truck... Were they your SEPARATE debts?? Did you pay them off? What were the debts that were discharged in bankruptcy??

In any case, no matter what the answer is to those questions, most likely, the debt has been picked up by a scum bag, bottom feeding collection agent... He's trying to intimidate you into paying him ANYTHING, because he KNOWS he can't sue you and seize your assets like he threatened to do, because the statute of limitations has LONG passed on these debts...

That doesn't mean that you don't owe them, depending on what happened years ago.. It just means he can't SUE you and TAKE your stuff. All he can do is run his mouth... And, I can tell you how to stop him from doing that, once I hear the results from your call that Judy suggested you make..

excon

AK lawyer · May 6, 2011, 07:22 AM

Originally Posted by excon

... I dunno if you should have been included in the bankruptcy years ago or not.. But, if you were married, I don't see how you could have avoided it. ...

Only one spouse filing for bankruptcy protection? Happens all the time. Normally, if they intended to reaffirm the mortgage debt, there would be no need for her to file as a co-debtor.

JudyKayTee · May 6, 2011, 07:23 AM

I'm suggesting that she call the Attorney (if he/she is still in practice), explain the situation and ask for advice. Maybe the Attorney still has the file; maybe not.

I think there are too many unknowns in this question to give a correct answer. For starters, who is the "collection company" representing?

If this WAS some sort of error or fraud and it's been picked up now OP is going to have a legal problem. As Excon said, without knowing more about the debts it's impossible to say.

AK lawyer · May 6, 2011, 07:32 AM

Originally Posted by JudyKayTee

... If this WAS some sort of error or fraud and it's been picked up now OP is going to have a legal problem. ...

If it was an error on their part (or the attorney's part). I don't know what fraud there may have been. More likely the error is on the part of the secured party (I'm thinking that possibly the ex did a short sale and someone just noticed that she is still on the mortgage note?)

Originally Posted by JudyKayTee

... As excon said, without knowing more about the debts it's impossible to say.

This is true.

JudyKayTee · May 6, 2011, 08:01 AM

And so we patiently wait for more info.

joypulv · May 6, 2011, 09:39 AM

Am I the only one who reads this as saying no bankruptcy was ever filed?

AK lawyer · May 6, 2011, 09:49 AM

Originally Posted by joypulv

Am I the only one who reads this as saying no bankrupcy was ever filed?

Could be, but this

"we were advised that I didn't need to claim because I was planning on being a stay at home mom and the onlt debt I had was on our house and our truck"

Language suggests to me that the husband filed.

JudyKayTee · May 6, 2011, 11:27 AM

2 reading that they didn't file; 2 reading (me included) that he did and she did not.

Patiently waiting -