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RdK · Mar 12, 2007, 10:26 AM

My credit card debt was accrued in Florida during divorce and I now live in Colorado. The decree state the x was to pay.
I have found out they can still sue me.

I have experience representing myself pro se and I am not intimidated by attorneys or the Court system. I have filed motions and answers and have the formats available. I just don't know what to do to wear them down and go away... request a jury trial, depose capital One officer in Georgia.

The total debt with interest before legal fee is $2,600. You would think this is too small for a Denver Law firm when you live in Rifle some 2.5 hr drive away.

Are there any attorney with a strategy for me?

Thanks
RdK

Fr_Chuck · Mar 12, 2007, 10:29 AM

Honestly the Catital one will just add on and add on legal fees that you have to pay if they win. So the attorneys in your area will be glad to do as much repsonse and as many filings as makes you happy.

And if you want to end up paying for the jury trial or for all that court expense, go ahead, you have every right to do that if you want.

Remember your agreement with them is that you will pay all legal expense in the collection process.

And in the end, if you legally owe the money they will get the judgement, it is really your choice if you want that to be 2600 or 30,000 by the time you are done.

ScottGem · Mar 12, 2007, 10:37 AM

The key here is whether the divorce decree is legally binding on them. To be honest I'm not sure of the answer. That is something you might simply ask an attorney about. If it is, then you will win. If it isn't then you will lose.

Fr_Chuck · Mar 12, 2007, 10:52 AM

The divorce degree just orders the husband to pay the debt, it does not take away legal liablity of the other person who is on the debt.

The only thing the one injured party can do is take the other party to the divorce back to family court and sue them for comtempt of court and try to collect the money back from them.
** I know this one from first hand experience

So in the real sense of the word, the divorce order to make someone pay a debt, house, car, credit card has little value if the other party does not followt he court order, in another court ( It should, it should be binding on other courts) but it isn't

Dr D · Mar 12, 2007, 11:14 AM

The divorce decree that assigns certain debts to one part or the other is a court sanctioned settlement between you and your ex. The creditors did not take part in this settlement, and could care less who was awarde the debt. Since this debt was incurred by both of you, the creditor will pursue either or both of you. I agree with Chuck. You will lose.