Results 1 to 3 of 3
  1. #1
    Tiredofthis is offline Junior Member
    Join Date
    Oct 2008
    Posts
    2

    Default How to force debt repayment

    The divorce was final two years ago. In the division of assets she got everything in the house, which she had taken as she left. Its worth was about $25K, the teenage children as custody with me paying child supporticon.
    She paid nothing and lost nothing.

    There was also $25K worth of family debt on MY 3 credit cards. In the division of assets she also was assigned the debt. After 2 years nothing has been paid. Debt is still in my name and in judgment. My credit was destroyed, I could not pay debt and child support.

    How can I force her to either repay me or at least repay the credit? She has the money in 401K. Can I file judgments against her? Can I sue her in small claims court for each of the credit cards using the final as proof of debt?

    Was I double screwed or what?
    Divorce took place in Tampa, Hillsborough County, FL

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
    Join Date
    Aug 2008
    Location
    Tampa, Florida, United States, 105638029469653, Tampa, Florida
    Posts
    2,635
    Blog Entries
    1

    Default Not double screwed

    She still has an obligation to pay the debt. You can reopen the case for enforcement. It is possible to ask the court to take her existing assets to retire the debt.

    Technically you are not out anything because no one paid the debt. But I think there is a better argument that nonpayment has damaged you financially.

    You don't need a small claims case - you can enforce under the old case for a $50 filing fee.

    Attorney Howard Ikenicon
    The Divorce Center

  3. #3
    Tiredofthis is offline Junior Member
    Join Date
    Oct 2008
    Posts
    2

    Default Thank you

    Thank you for your time, very much appreciated.
    The case, ironically is still open and I will ask...

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •