Anyone out there with knowledge of debt and divorce in Wisconsin (Community Property State)?
08-20-2012 02:03 PM
I have a CA coming after me for a medical debt incurred by my ex-wife after we filed for divorce but before our divorce was final. Unfortunately, the original petition that was filed was very vague about how debts incurred after the filing would be handled, so everything is being treated as if we are both equally responsible, as per the Wisconsin Community Property Act.
These debts are the only negatives on my report and the CA will not delete even if I pay. My ex-wife is a deadbeat living off of welfare, so suing her for the money is not an option. I believe I found a loophole in the Community Property Act that would elminate my liability for this debt, however. I can provide more details if there is anyone here who is familiar with Wisconsin divorce and/or can speak "legalese" well enough to interpret the Act.
Before anyone asks, yes, I have tried contacting a couple different attorneys. However, there are no attorneys in my area who are willing to really dig into the nitty-gritty of the law (at least not without getting paid a huge sum first) so they all just keep giving me very basic advice that is obviously very conservative in order to protect themselves. I would actually be willing to pay an attorney if one of them would at least look into the details enough to say "yes, I think you have a case", but none of them I have talked to will even say "yes" or "no" without a huge consultation fee. I also have not had any luck finding any attorneys in my area willing to fight against a collection agency--it seems that they all are already working FOR the collection agencies.
Kind of makes me want to get my law degree so at least SOMEONE around here is willing to take the consumers' side once in a while.
The CA has been threatening to sue me for over 2 years now, but they have never actually filed suit even though I have tried disputing the debts multiple times with them. If they haven't actually filed suit by now, I don't think they ever will. At some level, they must even question whether or not they could win if they take me to court--otherwise, I don't see why they wouldn't have done it already. So, maybe if I take a more offensive approach and come after them through the courts to remove the debt, they will finally agree to remove it and focus their energy on all the people that just "roll over" for them. I don't want to try this unless I know if I have at least a leg to stand on, though.