still paying HER debts after almost 12 YEARS

[Thumbelina58]

What is the name of your state? I live in Indiana, my ex-wife lives in Georgia.

My ex-wife and I were divorced in June 1994. Against my LOUD objections, she was awarded the house and the 1993 car. I was awarded my 1977 pick-up truck and my personal clothing, as well as full responsibility for the repayment of 3 major credit cards, and a Military PX/Commissary charge account (AAFES). The four accounts had a total balance of over $15,000.
All of the accounts as of that date were current in payments, including the house and the car.

I was notified in October 1994 that the car had been reposessed in September. My ex had not paid ONE THIN DIME on the account after the divorce. I was notified, again, in November 1994 that the house had been foreclosed upon, and a balance of over $8,000 was due. Since it was a VA loan, I was held 100% responsible. My retirement check was garnished over 2 years for the entire $8,000.

I was notified in late 1997 that income taxes for the 1993 tax year had never been filed, even though I sent my ex-wife a money order in April 1994 for the $622.00 she claimed we owed the IRS. I subsequently PAID THE IRS OVER $6,000 TO SETTLE that DEBT. I (foolishly) assumed this would be the last of my payments on HER behalf. ..................................

HOWEVER.....

For over a month now, I have been recieving calls from a collection agency,
(specifically...DUNSTONE FINANCIAL) demanding I pay them the balance due on the 1993 repossessed vehicle. They are claiming the balance due is currently OVER $22,000, and is "growing each day that I refuse to "honor" my obligation and settle this debt."
Can I possibly be held liable for the 22,000 balance they are claiming is owed??? Since this debt apparantly falls under "debts incurred during the marriage for the benefit of the family" , shouldn't she be responsible for half of the 22,000.?? Even if she is, she claims she is "too ill" to work, and will never pay a cent towards the balance. However, the 50% I would be responsible for is STILL 2X as much as the selling price and almost 3X the blue book value of the vehicle today.

What are my options? Is there some sort of time limit for filing? I mean, the car was repossessed (from my ex-wifes' residence) over 11 years ago!! I am actually the only resource this collection company has since my ex filed bankruptcy last December... (her THIRD)

Thanx in advance for any advice!!!

 

[brisgirl825]

You're not left with any good options. You either make payments or they'll get a judgement against you and have your check garnished or you file bankruptcy.
Creditors don't honor divorce decrees. As long as your name is on the loans, they will continue to seek you out to pay the debts. Your ex probably filed bankruptcy on the car, leaving her non-responsible.
I am not sure of there is a statute of limitations on collecting debts. I am sure a senior member will give you that info.

GL.

 

[LdiJ]

Its quite possible that the statute of limitations has passed on the car. That won't get it off your credit report, and it won't stop them from trying to collect from you, but it would stop them from getting a judgement against you or being able to garnish your wages.

However...they could try to get a judgement and you would have to go to court and point out to the judge that the statute of limitations has passed (once you confirm that it has...a local attorney is your best source for that).

However, 22,000 is an awful lot of debt on a repo for a car that was newer at the time. I am sure that most of it is interest. You might ask them to provide a detailed statement of the debt just to see exactly what its comprised of. Any collection agency that bought the debt after this many years would have paid pennies on the dollar for it. You may get it to go away for far less than you would imagine.