Re: Credit repair after divorce.
03-14-2010 06:22 AM
I am also trying to rebuild / fix my credit after a divorce in 2005. After reading the posts, it seems I have taken care of what is in my control as far as my credit. (closing all cc that were joint accts, contacting bureaus and updating reports.) My divorce decree states that he is to pay 1/2 of the debt over a two year period which is $10,000 and if he defaults on anything (which are several issues) he is to pay all atty fees. It has been over 2 years and he has not paid anything. As a matter of fact, he has told me to F&*k off and file bankruptcy and that I'm not going to see a penny of what he owes me. He has no respect for the courts and sees the divorce decree as a joke. I have been paying down the credit cards over the years but of course it's not fast enough to help my credit score. Almost all the credit was/is in my name due to the fact that I had great credit.
My divorce was granted in WY, he moved back to TX and I now reside in WA state. After many sleepless nights, years of frustration and feeling helpless, I'm at the end of my rope and don't know where to turn.
Does anyone know how I can get him to take me seriously and honor the judge and my divorce decree? I'm only asking what is due or granted to me. Does anyone know what type of atty I contact?
Thanks for listening and I hope there is someone out there who can give me the justice that is due me.
Hopeful in Seattle
Sorry to hear about your problem.
There are a couple of ways to go about this, but the longer you put off taking action the worse it will be.
You can go back to court and file an Order to Show Cause which will effectively ask the court to hold your former husband in contempt. Courts generally hesitate to hold one in contempt over a domestic action, but they will not let him slide indefinitely. Depending on your state, you may not have to go back to WY to file. Your state may allow for domestication of your WY divorce decree and you could try and file in your current home state.
Another alternative is that you can sue him and obtain a judgment. You'll have to check jurisdictional issues with the courts in WA to see how to effect service on an out-of-state defendant. Another possible issue is that the statute of limitations may have expired and you might be barred from suing him. Again, that depends on your state. Suing him may give you his undivided attention, but remedies against judgment debtors in Texas are a bit more limited than in some other states. Still, the judgment will be on his credit report at least.
To sue him you'll probably need to retain an attorney and you'd have to see if a) you can recover legal fees and b) what the possibilities are of collecting from him even if you do obtain a judgment. Trying to have him held in contempt might be able to be done without a lawyer.