Legal Question in Credit and Debt Law in Florida

will marital settlement hold up against collection attempts

My husband was previously married and divorced several years ago. They wrote out a settlement agreement in which she accepted the car and assumed all responsibility for it while he assumed responsibilty for the credit cards. She never paid on the car and it was repossessed. We have been contacted by an attorney trying to collect the debt. They send mail here with his and her name on it. We have informed them in writing and attached copies of the agreement since it was incorporated as part of the final order for dissolution of marriage. At that time we also told them she has never been at this address. My husband and I began renting this place together. However, they claim this is her last known address (a complete impossibilty). We also told them to stop sending mail with her name on it to our home. Our request has been repeatedly ignored. They are threatening to file suit against my husband. Could they do that even though it violates the final order in the divorce? How can they still hold him responsible?


Asked on 5/12/04, 7:46 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: will marital settlement hold up against collection attempts

Because the creditors were not parties to the settlement agreement they are not bound by it. This does not give them free rein to violate the collection actions barred in the FDCPA. I suggest you consult with local competent counsel.

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Answered on 5/13/04, 1:06 am


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