Legal Question in Family Law in Washington
Collection debt/divorce
My ex accumulated bad debt during our separation. He wrote bad checks to a medical institution and didn't pay co-pays. Since my family was covered under my insurance the collection notices came to my house. The divorce decree states collection agency and amount is the debt of my ex in it's entirety. However, the collection agency accepted partial payment from my ex and is now threatening me with legal action for the balance. Can they do this? Thank you.
1 Answer from Attorneys
Re: Collection debt/divorce
I will assume the debt was created during the marriage. The collector may seek payment from either party without regard to what the decree says. The decree is an allocation between the two of you not binding on the creditor or its agents. What the decree should give you is the right to recover from your former spouse for any payment you make on a debt that was allocated to him.
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