Legal Question in Credit and Debt Law in Washington

Which state has jurisdiction, Tx or Wa, and should I contact the collection agen

In 2001 I was divorced in Wa. The decree specifically mentioned the accounts each of us would be responsible for. To my knowledge all joint accounts had been closed from 2000 the date of our separation. I have been working hard to pay the debts that I was responsible per the decree. In 2003 a particular credit card company notified me that payment was delinquent. This card was specifically my ex's responsibility per the decree and I have not seen a statement on this card since 2000. I informed the credit card co. that it was my ex's debt and I wanted a copy of all charges. I never received a statement and I cannot remember if there was a balance when we separated or the amount it might have been at the time of the divorce. I moved to Tx in late 2003 and in 2004 received a letter from a collecting agency in Tx that I owe 4936 for that account but they will accept 2369 in full pmt. I have not answered or ever replied to their letter or calls. Since I live in Texas do they have to comply with Tx law or Wa? And should I write them that I don�t plan to pay his debt? I cannot afford an attorney or more debt; but I don�t want my credit ruined and it is affecting my credit. Do collecting agencies file judgment for these amounts?


Asked on 7/31/04, 6:34 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Which state has jurisdiction, Tx or Wa, and should I contact the collection

It depends in large part on the terms of the contract for the credit card. Do you recall the month the account would have been closed? You may have limitations working in your favor.

An order in a divorce decree is only binding between the divorcing parties. Not on the creditor. If both may be liable, the creditor can go after the one they think has the best chance of paying the debt.

Yes, they will sue on a $4000 debt.

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Answered on 7/31/04, 9:24 pm


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