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posted 11/6/2007 4:02:30 PM |
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  hottanker4u

ANY BODY LOSE THERE SPOUSE AND THEN HAVE SOME OF HER BILLS THAT DON'T HAVE YOUR NAME ON THEM SHE HAD THEM BEFORE WE WERE MARRIED.SAY THAT NOW YOU HAVE TO PAY THEN I'D LIKE EVERYBODY'S INPUT MALE OR FEMALE SHOULD I GET A LAWER?

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Comments:

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rnj1013

Nov 6 @ 4:06PM  
You don't have to pay any of them if they were in her name before you were married. If anyone tries to tell you different talk to any lawyer.
patrick2369

Nov 6 @ 4:16PM  
Seek an attorney's advice.
However, if you do not pay any of it, and do not respond to letters & phone calls, the company will eventualy write it off. Once written off they can not try to claim.
If you responde in any form, the time starts over for writting it off. 5-7 yrs in most states.
IGNOR them.
sugarnspice005

Nov 6 @ 4:56PM  
910. (a) Except as otherwise expressly provided by statute, the
community estate is liable for a debt incurred by either spouse
before or during marriage, regardless of which spouse has the
management and control of the property and regardless of whether one
or both spouses are parties to the debt or to a judgment for the
debt.

Of course this is California law...I would advise you speak with an attorney in your state.
Ashinatrix

Nov 6 @ 5:13PM  
The ones I get for my husband I put in the trash
candlelitgirl

Nov 6 @ 5:33PM  
Just went through similar sitaution if you r name is not on the document then they donn't have a case....Good Luck
skinonskin

Nov 6 @ 5:37PM  
Always seek professional help in your area- don't assume anything! A good attorney practicing in the area of law you're talking about, is cheap insurance against what could otherwise be a mountain of more problems! JMO

Sunshinegal35

Nov 6 @ 5:37PM  
I'd see a lawyer and get him to write you a "back off" letter. That worked just fine for me, and the debt WAS in my name (but obtained fraudulantly). There isn't much they can do if your name isn't or ever was on the account.
But just to be safe I'd ask a lawyer's opinon. There are lots who will give you a free consultation, too.
FUNGUY007

Nov 6 @ 5:48PM  
I went though this a few years back. I was lucky, dating a collections lady. She told me to be nice on the phone and give them all the information you can on your ex, this means moms dads phone numbers address and all her relation. This info will help them track her down. Now you know what they will do with that, it's a hoot when you think about it. e39]
casuallylooking

Nov 6 @ 5:53PM  
Unfortunately different states have different laws about such things.
If it were me I would call around and see if an attorney would maybe just answer this question for you , if you are liable or not, and then go from there.
Good luck.....
six3indallas

Nov 6 @ 6:09PM  
If you are already divorced, those items should have been covered in the language of the divorce decree signed off by the judge.

If you're not, yep, get a lawyer. Usually, if court or mediation appearances aren't required, you don't have to put them on retainer, which can cost several thousand. Be prepared to spend several hundred dollars if you go the route of seeing them by the hour for advice, depending on the lawyer and their fees.

However, in the long run, if it keeps it off your credit, it may be worth the money now to get it settled once and for all so it doesn't dog you for years to come.

Luck.......

HollyHummy

Nov 6 @ 6:45PM  
If you are talking about a deceased spouse. The probate laws are varied from one state to the next.
{ Don't pay anything until you talk to an attorney }

In the state where I live my husbands probate went for a year and half, any legimate companys, medical collections etc had a over a year to post a lean against the estate... Any bills I received had a stamp on the bottom stating they had placed a lean against the estate. My attorney told me don't pay anything until all insurance companies had paid their share of the bills plus many hospitals will cut their lose's after all insurance companies have paid what they are going to pay out.

It's a bunch of red tape but it can be worth the wait, if you have to pay something, the amount can be negoated, the longer they wait for their money the more willing they are for a settled amount.

{bottom line is talk to an attorney where you live}
DeDe54

Nov 6 @ 9:14PM  
I am a widow, since I was living in a community property state at the time of his death, whether my name was on the bill or not, I am liable for any debts unpaid at the time of his death. This was told to me by a lawyer in the state I was in when the asshole died.
I had to file bankruptcy. Didn't have a choice in the matter.

The man had 12 credit cards I knew nothing about! Total bills on his behalf was over $100,000, and I was counting pennies and nickles for 6 months before he died! I was married to the asshole for 27 years, *my fault* but there are hidden agendas in his case, I won't get into at the present.

People need to change some laws here!!!!
your_lover38

Nov 7 @ 12:46AM  
Yet another instance where it would seem to make sense to NOT get married lmao.....

I'd get married again to the right person but sheesh...this kind of financial quagmire can get scary!
your_lover38

Nov 7 @ 12:52AM  
When my ex and I divorced i had it put in the language that all debts in her name are her responsibility and those in my name are my responsibility post divorce.

Had this kind of situation described above happened to me though...I would have sought legal help and NOT paid her pre-marital creditors.

I am very much against paying somebody else's irresponsible debts


Wordsofwit

Nov 7 @ 8:44AM  
I want to make sure I am not confused, because some commentators are one way or another. When you say "lost" you mean disceased, not just divorcing, correct? In any event, you should consult with an attorney as every state is different concerning debts and community property.

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