Legal Question in Credit and Debt Law in Washington
divorce settlement, bankruptcy,creditors
I divorced my wife 11 years ago. In the divorce decree, she agreed to take a credit card debt and pay it and hold me ''harmless'' from this debt. She filed for bankruptcy approx. 6 years ago. Now, after being divorced 11 years, I have a creditor coming after me for the debt of this credit card that she never removed my name from. Can I sue her for the money or find her in contempt of our divorce decree if she has filed for bankruptcy? I will pay off the debt to clear my name, but what can I do to hold her accountable for this debt she agreed to take in our divorce decree. Does bankruptcy disolve what she agreed to in our divorce decree? Can I sue her in the state of Washington, where I now live when the divorce was issued in Idaho?
1 Answer from Attorneys
Re: divorce settlement, bankruptcy,creditors
The bankruptcy you referred to as happening 6 years ago - was this debt included in that bankruptcy? Can you ask her? If not, go to the bankrutcy court and review the pleadings and see if it is there.
If she bankrupted out of it in 2001 and gave her creditors notice properly, then the creditor has no right to come after anyone for the debt, let alone you.
The hold harmless clause means that you can take her back to court where the decree was filed for an order enforcing the decree. Contempt will not lie, the debt is just a debt not a support duty, so don't file that.
Before you pay the debt, demand the collector verify it. Then, take a look at budhibbs dot com. Do your own research as to the validity of this debt, because it sounds stale to me, and as though the creditor is attempting to collect a debt that was discharged in bankruptcy years ago.
You would use the same court that issued the decree of dissolution.
Hope this helps. Powell
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