Legal Question in Bankruptcy in Colorado
divorced with joint debt
My ex-spouse lives in Colorado, I live in Texas and am remarried. In my previous marriage, my spouse and I had a major debt that was never settled and has been a judgement against us in a district court for almost 7 years. This debt has been outstanding for 18 years and the bank wrote it off years ago. The attorneys are the ones with the suit. How do I go about trying to settle this judgment? I don't have enough assets to do anything about it and I am considering bankrupcy. Will it affect my new husbands assets since he wasn't involved in the debt? Should I take precautionary measures such as taking my name off the joint account to protect his assets, etc?
1 Answer from Attorneys
Re: divorced with joint debt
Generally, judgments are good for 10 years. A judgment creditor can generally refile a judgment after the first 10 years and enforce it for another 10 years, and again after another 10 years, and son on through eternity. You do not mention if the judgment was rendered in CO or in TX. If your judgment was rendered in CO, it would have to be recorded in your TX county of residence (or county where your property is located) to be enforceable against your property. You can check at your county courthouse to find out if an out of state judgment has been recorded against you.
A judgment against you arising from a debt you incurred before you married your current spouse is generally not enforceable against your current spouse, but an attorney would need specific information about your accounts and assets in order to give you good advice.
Thanks to the new bankruptcy law, attorneys are prohibited from giving bankruptcy advice specific to your situation unless you sign a bunch of disclosures and a representation agreement, so I can't help you to specifically determine if bankruptcy is the right option for you. I am not licensed in CO and give no advice regarding CO law. I am licensed in TX, but I no longer live there. I may be able to get you in touch with attorneys licensed in TX and CO who could offer further assistance if needed.
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