Legal Question in Credit and Debt Law in Georgia

release from debt in divorce papers

I co-signed for a product with my ex-husband as the primary signer. I was only 19 years old and I did not know what I was doing. My ex-husband and myself have since divorced. The collection company has come after me to repay this debt. To my knowledge, they have not made any attempts to contact my ex-husband. In our divorce papers the judge agreed with the order that my ex-husband is responsible for the debt and I am released from the debt. I have told the collection company this info. and they stated that they do not care and that I still owe this debt. They have called me at work, they have sent me letters at work, they have harrassed me, and they have given mye legal advise to claim bankruptcy or to sue my ex-husband. I'm drafting a not so nice letter to them and including a copy of the divorce papers. Is there anything else I can do to have them leave me alone and to get this off of my credit. I never saw or signed to receive this product they're trying to collect on. Are they allowed by law to continue to harass me for this debt when it's my ex-husband's responsibility.


Asked on 5/29/03, 11:56 am

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

Re: release from debt in divorce papers

The divorce papers do not bind the creditor. The actions of the collector/clollection may violate the Fair Debt Collection Practices Act. I urge you to consult with a competent creditors' rights attorney in order that your situation be properly assessed and a determoination be made as to how best to proceed.

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Answered on 5/29/03, 12:58 pm


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