Legal Question in Credit and Debt Law in Indiana

I'm being sued over ex-husband's debts

Does a Judge's signature mean nothing these days? In my divorce papers under the division of property, it is stated that I would convey any and all interest that I had in the home that we lived in and that he would assume any and all resposibility for satisfying the mortgage of that property, the Seperation Agreement submitted to to the court was accepted by the court as part of the divorce. Now 11 years later I am being sued and they are garnishing my wages because he has left town and they can't find him. What recourse do I have in this matter?

Asked on 6/23/08, 7:31 pm

1 Answer from Attorneys

Samuel Hasler Samuel Hasler

Re: I'm being sued over ex-husband's debts

If the creditor has a garnishment order, there is probably little that can be done. That would mean you have waited til after getting served with a summons and then waited till they could get a default judgment against you and waited some more till they began the garnishment proceeding.

The judge's signature on a divorce decree means a lot - between the spouses. The creditor was not a party to the divorce. Which means the creditor's rights were not adjusted by the divorce court.

Enforcing the Decree was not the court's responsibility but was your responsibility. Assuming that you have properly quoted the language in the Decree, I have to say that the Decree says nothing about refinancing or when, and would seem hard for you to enforce.

Since the former husband has absconded and it appears that you have let the creditor take a judgment against you, I would say that you have only two options: let the garnishment continue until the debt is paid or file for bankruptcy.

On the other hand, if the creditor does not yet have a judgment then get yourself a lawyer now.

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Answered on 6/24/08, 5:13 am

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