Legal Question in Family Law in Illinois
Can I sue my Ex for a debt he agreed to pay in divorce settlement and then filed
We were divorced in 1996 by the State of Illinois. I immediately relocated to Maryland. In the divorce agreement, my ex was to pay for a debt (one to which he had forged my name). Shortly thereafter, he filed bankruptcy. The lender then contacted me. I sent a copy of the divorce agreement to the lender and they said ''too bad, so sad, but pay up''. Today I received a notice that they are going to garnish my wages and/or attach a lien to any real estate I own.
My questions are:
1. Can I sue my ex-husband in small claims court to pay this debt.
2. If I can sue him, can I file in the State of Maryland wherein I reside? or do I have to file in Illinois where the debt was incurred and where he resides?
3. Can the lender attach a garnishment my wages?
Please respond quickly as the notice stated that I have until 4/10/02 to ''pay up, or else''.
Thanks for your assistance.
2 Answers from Attorneys
Re: Can I sue my Ex for a debt he agreed to pay in divorce settlement and then f
There're quite a few things you have to look at first. Did he list you as a creditor? How did he list you? Did you get notice of the hearing? Did you file a timely objection to discharge? There are many deadlines imposed by law, but you can still sue in state court,although his lawyer will immediately interject the stay or submit the debt was already discharged. you do need to consult with a lawyer and have the lawyer review your situation. It's not that simple. The simple answer is yes, sue on the decree or sep. agreement, but get ready for the objection. You can call my office if you need more detailed information. 1800-924-6217.
Re: Can I sue my Ex for a debt he agreed to pay in divorce settlement and then f
The first thing to consider is whether the creditor should have been able to successfully sue you on this debt in the first place. You mentioned that your signature was forged on the document that caused the debt to be incurred. If you were properly served with suit papers by the creditor, you could have raised this as a defense and would have probably been successful. If you didn't get notice of the suit (perhaps because you'd moved to MD by that time), the creditor has to come to MD in order to be able to garnish your wages, bank acct, etc, in order to collect the judgment. They have to file papers here and you have to receive a copy. Once that happens, you have 30 days to object to entry of a judgment in MD if you had no notice of the earlier suit (presumably in IL). They then have to start over here against you and that gives you the chance to raise the forgery of your signature as a defense.
With regard to your ex, his bankruptcy probably extinguished the debt to the creditor, which is why its coming after you. But it also may have voided out the indemnification clause in your agreement. Besides, you'd have to chase him back in IL to enforce it, which isn't financially feasible given the amount.
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