Legal Question in Credit and Debt Law in Washington
Collection Lawsuit
We purchased a home in 1/01, and voluntarily foreclosed in 12/03. The bank sold it 5/04. The gas co. billed us retro actively for a leased water heater for which we did not sign nor know about. Lease payments began accruing (un billed) 7/02 and continued thru 7/05. The acct was turned to collection. We failed to answer motion for sum judgmt in writting, however service was imperfect. However, Dist Judge continued response for me but enter judgmt against my now ex wife because she was not present.
Even though I brought proof of payment. (made (8/05)when my wife found out about lease and the complaint speciffically stated ...all acts perfromed by one are performed for and on behalf of the other...
1 Answer from Attorneys
Re: Collection Lawsuit
Look at your divorce decree. There is a section where you hold one another harmless from suits brought by third parties.
Creditors cannot be foreclosed from collecting money due from a spouse just because the marital community ends. Think about it.
If she promised to take on the debt and failed to pay it and now you are responsible, your remedy is to ask the dissolution court to enforce the terms of the decree.
In other words, whoever agreed to pay it will pay it.
If it was not addressed in the decree, the Court is likely to hold you each responsible for one half of the debt.
If you paid your part, the rest of the debt is likely hers. But I am not looking at any documents and I cannot tell for sure.
Hope that helps. Elizabeth Powell
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