Legal Question in Credit and Debt Law in Virginia
Wife stuck with ex-husband's debt
During her previous marriage, my wife cosigned a loan for her then-husband�s car. He failed to make every payment, the car eventually was repossessed, and there still was a remaining debt.
The terms of their divorce state that her ex is responsible for that debt. Nevertheless, his post-divorce payment history was so poor that a writ of garnishment eventually was issued.
Because her ex has no bank accounts (he pays his bills with cash), no fixed phone number (he periodically changes his cell phone number), no assets (except a condo, which he rents out), and no known �home� address (he uses a PO Box for his mail), he is almost impossible to locate. Hence, the collection agency decided to pursue my wife for repayment, threatening her with garnishment (though she currently is unemployed, she does have a bank account).
She�s been able to communicate with her ex about the matter. Each time he initiates payments, but quickly discontinues them. She then begins to receive threatening phone calls from the agency. She only recently re-established her credit (ruined by her ex during their marriage), and doesn�t want to risk having it ruined again. But she also doesn�t want to have to fork over the $15,000 owed.
Suggestions?
1 Answer from Attorneys
Re: Wife stuck with ex-husband's debt
Your wife could reopen her closed divorce case and ask that a Rule to Show Cause be issued against her former husband. Then, if he ever appeared before the court to explain why he should not be found in contempt and sanctioned, perhaps, more reliable methods might be put in place for him to pay this debt.
Otherwise, your wife will likely have to pay it if she ever expects to clean up her now sullied credit record.
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