I would bet that if you look at the case file at the courthouse, it would contain an affidavit of assets, debts and the like. Even with a default judgement, if she incurred a substantial debt that was not listed in the affidavit, it could be construed as a fraud upon the court and a possible ground to reopen the divorce. I still think that you need to talk to an attorney.
Again, thanks to all for your input. So far it looks like the general opinion is that I should seek a consumer debt atty in my home state of Colorado. I've found one that deals in both bk and other consumer debt issues. I haven't heard back from the atty in Oregon yet.
Will do. Looks like the axe is coming sometime this summer too Hopefully I'll make it to unemployment.
I am in correspondance with the financial account rep of a hospital the OC. They state they are willing to write the accounts off by filling out their charity form, which fortunately I would qualify for due to my lack of significant income. However, I have to fill out their application and sign my name. I am hesitant to do so since I never signed to be a guarantor in the first place. Should I sign their application? Here's what I wrote: Financial Rep - All things being equal I feel like a deer during hunting season. Two weeks ago I began the process of following up to see what my ex wife has signed in my name. It's extensive, totaling near twenty one thousand dollars. I never even considered the amount of harm that she caused to my credit until recently. I have never owned a home, but my five year plan is to be a home owner, at this point it's starting to look like a twenty year plan putting me into home ownership just before retirement. Thank you for being gracious and empathetic to my situation. I am in communication with my divorce attorney in Oregon, and await her response. I also sincerely appreciate your understanding --at this point taking into account the situation-- regarding signing my name to anything. I have indicated to her that I am willing to sign with the following lines remaining on the signature line. The above information is warranted to be true. I hereby authorize OC to investigate the references herin listed. Changed from the original reading of: The above information is warranted to be true. I hereby authorize OC or any other investigative agency employed by either to investigate the references herin listed or statements of other data obtained from me or from any other person pertaining to my credit and financial responsiblity including a credit report if deemed necessary. I will let you know A.S.A.P. once I am in contact with my attorney. Tuesday I did send off a signed complete true copy of my Decree with our legal date of separation.
Oregon divorce does Colorado still hold jurisdiction in responsibility? I'M SO CONFUSED! More of what I have found: Mr. BK atty in Colorado My divorce attorney in Oregon told me to send a certified return receipt copy of my decree to every collector pointing out the separation date. I've found the following on the Oregon Bar Association website seemingly contradicting each other. http://www.osbar.org/1legallinks/public/legalinfo/olsbooklets/family/informal.html Question 20 comes from the Informal Separation section, and question 140- 142 comes from the debt section. I've recently done as my divorce attorney has suggested, but am afraid they'll continue coming. On another note the hospital and CA for the bulk of the 21k seems to be latching onto Question 20's response. I'm thoroughly confused. Is it worth waiting for the SOL in three years (four years for reporting), or If they do win a judgement against me in that time, may I still absolve that in bk later? It is official that I'll be layed off at the end of June. Yours, Needs help in life! -----Original Message----- Is the bold underlined section in 20 correct, or 141 correct? Twenty seems to indicate/ imply that after separation the parent who signed is responible for expenses encurred including medical bills. One forty one seems to indicate otherwise? 20. Am I responsible for my spouse's debts while we are still married? You are not responsible for any debts signed for by your spouse before the marriage (unless you also signed for them). Nor are you responsible for any debts your spouse signed for alone during your marriage, with one exception: you and your spouse are each responsible for family expenses, such as debts for living expenses and medical care for each other and the children, even if only one spouse makes the purchase. If you separate, you each are responsible for your own new debts and expenses for the children after that time. For more information about your and your spouse's responsibility for bills after divorce, see Questions 140 through 142. 141. After the divorce, who is responsible for the debts that my spouse signed for alone while we were married? The divorce judgment will probably state which spouse should pay the debt. But if the spouses were living together when one spouse made the purchase, the other spouse is usually also responsible to the creditor and could be sued, too. The exceptions are for business expenses and loans of money. If the spouses were separated when one spouse signed for the debt, the other spouse is not responsible to the creditor unless the debt is for the children's education, health, or support needs. See Question 142 for information about the right to get reimbursement by the spouse who was ordered to pay.
Re: Re: Who Is Responsible? Disclaimer: I am not an attorney and I have already recommended that you seek the advice of one. The answers to questions 20 and 141 do not seem to be in conflict as much as they might appear on first reading. The answer to question 20 states If you separate, you each are responsible for your own new debts and expenses for the children after that time. The answer to question 141 states If the spouses were separated when one spouse signed for the debt, the other spouse is not responsible to the creditor unless the debt is for the children's education, health, or support needs. The confusing part of question 20 refers to "intact" marriages - you are not responsible for your wife's medical care after separation unless you signed for the debt. You have not said whether the bulk of the debt arises from medical care for your child or for your ex. Under the common law, both parent is always responsible for the medical expenses of a minor child. Some states have statutory exceptions to this rule. For example, a posted pointed out that Ohio will not hold a parent responsible where the other parent has been ordered to maintain health insurance on the child and fails to do so There had been cases where a vindictive spouse would let the health insurance on the child lapse to get back at the ex. If the debt is for your child's medical care, take the deal that the hospital is offering unless you can avail yourself of some statutory exception under the laws of your state. If its for your ex, tell them to take a flying leap.
Amen. Until a statute is drawn- up (God willing and inspired) that will have enough wisdom to combine the common law, and our society's trend toward broken homes WITHOUT alienating our credit economy and health-care system et al, unfortunately I don't see an immediate end to posts like ours. I think the only answer is the mosaic law of time, BUT that's one resource that none of us can renew. This can stifle any hope we have to give the generation after us a better life A.K.A. The American Dream. I'm almost 30, and I have yet to own a home, yet I wish no ill upon those folks around me who own the gorgeous homes, can afford to send their kids to college (no student loan debt, always had health insurance etc.), and drive new/ newer cars. I have hope that someday a statute will protect the innocent in an abandonment, or divorce from the financial ruin to follow. A statute that will fill that reticence rather than be sucked up by the dregs of a bottom feeder not privy to a dissolution of Marriage.
