What should I say to ex-husband who is receiving notice of me filing for bankruptcy?
Due to my ex-husband being a co-debtor on some medical bills for our 2 sons, he will be receiving a notice that I am filing bankruptcy. I do not want him to know my business because it’s his fault I’m having to file. He has to receive the notice by law since he is responsible for 1/2 of the medical bills (which he never pays). During the divorce he was ordered to pay on a credit card which my name was listed first. Well he never paid and know I’m being sued for k. I had no other options but to file for bankruptcy. I filed today and he will receive a notice and become privy to my filing for bankrupcty. I know he will call me and give me crap. I don’t want to deal with him. I would just like some good come back to say to him when I get the call!!!!!
Assuming you have an attorney, all you have to do if any creditor calls you is to say, "My attorney is representing me, please contact my attorney (name) at (phone number) if you have any questions regarding this bankruptcy petition. Please do not contact me again over this petition, now that you have my attorney contact information." (Make a note of the day and time of call, who called, and what was said. Give this to the attorney.)
Note: If a creditor contacts you after you have told them to stop, you may have legal right to sue them for harassment under the Fair Debt Collection Practices Act.
See below and associated source link:
"Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money."
Source:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
Good Luck!
PS If you filed Chapter 7, and it is approved by the Court, the creditors will come after the ex-spouse for all the community debts.
PPS If your Settlement Agreement or Divorce Judgment states he has to pay X for Y and he does not, you can file a "Motion" in Family Court for "Contempt of Order" – failing to pay as Ordered.
or
You can just sue him in civil court:
1. Have a copy of the judge signed Court Order.
June 21st, 2010 at 2:15 pm2. That the Order states he has to pay x for y.
3. That only you have been paying. Show proof.
4. That you have attempted to get him to comply with the Court order (certified mail, written demand letter seeking compliance with the Order) and he has not complied with the letter after that.
You don’t have to deal with his attitude if you don’t want to. You don’t need a "good come back." All you need to do is to tell him you won’t discuss it and hang up the phone. Keep doing that if necessary until he either gets the point or you have to report him to the phone company for harassment.
June 21st, 2010 at 2:15 pmbye,bye call my lawyer.
June 21st, 2010 at 2:15 pmTell him maybe if he was better in bed you wouldn’t have to file anything because you would still be with him trying to work this stuff out.
June 21st, 2010 at 2:15 pmtell him to call your lawyer if he wants any information
June 21st, 2010 at 2:15 pmThey will go after him now for the money but that is not your problem. You are doing what you have to do to protect yourself. If he doesn’t like it, tough. Sounds like it is at least some of his fault anyway, so now he’ll have to do whatever it is that he decides to do. He should talk to his own lawyer, but you don’t have to talk to him. Hang up.
June 21st, 2010 at 2:15 pmJust tell him to call your attorney.
And that if he can’t figure out why people file for bankruptcy, than he has some serious mental issues that need to be evaluated by a professional…
Or just tell him that you thought it would be fun to watch him suffer, trying to take on all the debt by himself!
June 21st, 2010 at 2:15 pm