[Iknowalotofstuff]

In the absence of Proof of Indebtedness, a debtor may take the position that they are not responsible for the debt. The burden of proof that a debt is owing is on the parting making the claim. The creditor granting the line of credit can produce this proof either before or as part of some legal process to enforce payment of the debt. One would think it less costly to provide this information voluntarily prior to any legal action as its production might avoid legal action all together.

On the other hand, some collection agencies buy write-offs, statute barred accounts, etc. for pennies on the dollar. They then try and collect or settle the larger debt. In many instances, the original creditor only provides electronic data without hard copies of documentation. If this is what happened here, it is possible that there is no proof of debt other than what appears in electronic data form. This is insufficient. Letitbeover must not cave to collection pressure and make the CA produce the evidence.

Tell the collection agency you "dispute" the debt until such time as proof is provided. The SOL may lapse while you are waiting.

[JudyKayTee]

If your question is whether a Family - or any other Court - Order can change an existing contract (such as a debt) the answer is no. The creditor does not have to honor the Court Order because it is/was not a party to that action.

You will be responsible for paying this and cannot sue him if his bankruptcy is in order. I question whether he had to claim this debt because there was a co-signer - you.

I would consult with an Attorney to be certain (I am in the US) but similar problems have been posted before.

Was that your question?

[Iknowalotofstuff]

To JudyKayTee: No that was not the question. In Ontario as in New York, if the creditor is not a party to a proceeding in Family Court, they are not subject to the Court's ruling.

In Canada, a debt for support or maintenance is not subject to discharge (s. 178 of BIA). As such, the husband will be discharged from the debt for the line of credit. If she is responsible for his line of credit, she needs the support money to pay it. He is not paying. She does not need 2 problems - non payment of support AND payment of his or their debt.

Ontario is not a community property province like many states in the US. The question here is whether Letitbeover is responsible for a debt incurred during the marriage when she is not sure whether she signed for the debt or was simply an authorized user on her husband's line of credit. In Ontario, collectors tend to lump joint debtors and authorized users into the same group and chase them until the situation is clarified. I have seen many authorized users who think they are responsible for a debt when they are not. Letitbeover should not pay until she is certain she is responsible for payment.

So my suggestion is she do nothing until satisfied whether she actually owes the money. CA must provide written proof. Then Letitbeover can decide if she can pay OR settle OR needs bankruptcy protection herself.

[JudyKayTee]

You did read that she's a co-signer? That makes her responsible. I am in NY, not a community property State - very similar to Ontario.

Her question is whether there is a way to get her husband to pay this debt. I say there is not.

All the rest of this is superfluous and another lecture on Canadian Bankruptcy Law - similar to this posting where others failed to see the question: https://www.askmehelpdesk.com/curren...ws-264725.html

[Iknowalotofstuff]

If she cosigned, she owes the money. If she is not sure, she better find out. I read the material as she is not sure. It does not hurt her if she waits until the information is provided. The longer an account is with a collection agency unpaid... the better the chance of a settlement (if this is what she has to do).

Also the SOL may come into effect.

If the question is limited to finding a way to make her husband pay the debt directly, I agree with you. There is not. If the question is how do I get money from my husband so I can pay the debt, my comments may be of some benefit.