Legal Question in Family Law in Washington

Collection debt/divorce
Divorce was final 4/06. Debt was split between myself and my ex. My ex has a pending debt which collection agency accepted partial payment. Debt is in divorce decree assigned to my ex in its entirety. Now collection agency claims I must pay balance and that they do not have to abide by divorce decree. Threatening to take me to court and garnish my wages. Please advise what my rights are. Can this be done. Thanks.

Asked on 10/22/08, 12:31 pm

Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

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Creditor not bound by decree of dissolution

Your decree of dissolution is not binding on your creditor as the creditor had no part in the dissolution proceeding.

If at the time the credit account was opened you agreed to pay, then the creditor has the right to demand payment from you now.

If your former spouse is not complying with the decree of dissolution, you may be able to ask the court to enforce the decree.

However, if your former spouse truly has no money to pay, the court likely cannot do much more to him.

You should review your facts and options with an attorney.

Answered on 10/22/08, 1:05 pm

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