Legal Question in Family Law in Georgia

My question is this. I got divorced a few years ago and in the court order my ex was ordered to pay half of a debt. I have paid off my half of the debt and he has not paid any on his half. Now the company is coming after me to collect his half since both of us are listed as owners of the account. They have filed paperwork with the local court and I have been sent wage garnishment letters. My employer has been sent the same letter.
I tried to explain the situation to the company, but they told me that unless I paid a large down payment and monthly payments that I can�t afford, they would garnish my wages and turn it in as non-payment against my credit. I did pay the down payment and I am struggling to make the monthly payments to try and keep my credit clean. Surely there is something I can do since this part of the debt was ordered to be his responsibility.
What are the steps I should take to get his part of the debt off me? Thank you for any advice you have to offer.

Asked on 5/25/11, 9:04 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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The court order was between you and your ex, not the creditor. That does not change the liability for the debt so you are still liable to the creditor. You can either pay it, negotiate a smaller settlement, not pay and have wages garnished, or file for bankruptcy (likely a bad idea unless you have bigger financial problems). Waiting until after a judgment was entered against you means there is less chance of them settling and the judgment is likely already on your credit report or will be soon. That is a huge hit for your credit.

Answered on 5/25/11, 9:09 am

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