T.R | Title | User | Personal Name | Date | Lines |
---|
650.1 | Sue - The American Way | RUTLND::KUPTON | Thinner in '89 | Tue Jan 10 1989 07:46 | 15 |
| Two things.
One. Call your lawyer and tell him/her what has happened and get
a notarized statement from him explaining the circumstances for
future purchases such as a house. You will need documentation.
Two. If the bill is $1500 or under, file a suit against your ex
wife in small claims court using the divorce decree as your evidence.
Bring in your cancelled check and collection notices. You should
get judgement if what you've said is the whole story.
Court decrees are binding and her failure to do what she was ordered
is contempt of court. It's simple if your story as stated is complete.
Ken
|
650.2 | Seek legal advice | ANT::MPCMAIL | | Tue Jan 10 1989 08:25 | 17 |
| As I remember from my divorce if something was definately decided
on in the divorce, both you and your ex signed it and then it ws
notorized in the court of law then your ex is LEGALLY responsible
for that bill.
To be rembursied, yuo have two options as noted in the first reply.
please remember to have the cancelled check or proof of payment
recieved by the collection agency.
You do have a right to sue your ex, but please check with your
lawyer that handled the divorce, sometimes all it takes is a legal
letter from a lawyer and the other person will respond. If she doesn't
respond within a certain amount of time and you want to be remburised,
you might have no choice as to sue.
But again I stress please go to the lawyer that handled the divorce,
ask him/her for advice since they set the whole thing up. and know
the legal sysstem far better than we lay people.
Lisa
|
650.3 | | QUARK::LIONEL | Ad Astra | Tue Jan 10 1989 09:06 | 7 |
| You also have the right to dispute the credit record, and if nothing
else, provide a 100-word statement that must be attached to the
credit report when given out by the bureau. Look up your local
credit bureau in the phone book and give them a call. They will be
very helpful.
Steve
|
650.4 | but;........... | TPVAX1::WHITEWAY | | Tue Jan 10 1989 09:15 | 16 |
| First of all... Thanks for the fast replies.
As far as the bill goes.... I have already filed contempt. It
will be march before the court reviews it. I am not concerned withthis
part of it... As I said before it is all specific in the decree,
and much much more.
My concern however is the billing agency and my credit. What
do I do to Fix MY credit rating? What is my recourse in fixing a
problem that should never have gone this far? Cripe, this bill has
been negligent for over a year, and they never (Not even once. And
they had my adress and tele #) bothered to contact me. They never
said a damn thing.
What do I do (other than hire a lawyer) to clear my credit when
the bbb, credir bureau, credit protection agency, and consum. prot
do not get involved?
me
|
650.5 | Talk To Your Attorney | ATPS::GREENHALGE | Mouse | Tue Jan 10 1989 09:16 | 17 |
|
In regard to your credit rating, this is what I have to do because my
ex ran up bills on my charge cards:
Your attorney needs to put together a document which states the reason
a report has been filed with the Credit Bureau against your credit
rating is due to nonpayment of an invoice which was to be paid by your
ex as outlined in the divorce decree, thereby dissolving any prior
responsibility held by you.
Have your attorney write a letter to the Credit Bureau office which
this report was filed at. In the letter, your attorney needs to
request that this document be forwarded to anyone requesting a credit
check on you.
Beckie
|
650.6 | Companies can do as they want? | TPVAX1::WHITEWAY | | Tue Jan 10 1989 09:43 | 9 |
| That's what I thought. There really is not a thing I can do
to clear my credit. Just have backup info if anyone inquires.
It seems to me there should be something else.
It seems so strange that I am supposed to be responsible for
a bill (even though I haven't seen this woman since the divorse)
yet the companies need not be responsible at all. I just think there
should be a way of making them accountable for what they do.......
me
|
650.7 | | AKOV13::FULTZ | ED FULTZ | Tue Jan 10 1989 09:58 | 12 |
| You have been hit by a situation which is patently unfair. IMHO,
MOST businesses that are trying to collect a debt will go after
any and all avenues of collection. A large number of the collections
will use harrassing or threatening (I'll ruin your credit rating
if you don't pay - ha ha) tactics. I would also be willing to bet
that the company kept you responsible for the bill because they
figured you would be a better possibility for getting their money.
Keep plugging. I hope everything works out ok.
Ed..
|
650.8 | Had the same problem | ANT::MPCMAIL | | Tue Jan 10 1989 10:02 | 13 |
| Author of note:
I had the same problem in my divorce and I paid a bill
for my ex's son from his first marraige. I contacted my lawyer,
who had a copy of the divorce agreement, he told my ex, to first
reburise me the bill or he'd see him in small claims court. second
he wrote the credit co. atached a copy of the paragraph explaining
that my ex was/is responsible for all bills incured for his son
and if my name wass not cleared in one billing period he would
also take them to court and sue for damages for improperly claiming
payment, damages for slander, slurring my name for bad credit, and
a few other charges, today I have good credit.
Lisa
|
650.10 | It might not show | CIMBAD::WALTON | | Tue Jan 10 1989 12:34 | 8 |
| There is one thing to consider. There is a possibility that the
credit report for you will not show the bill. I have had several
things not show on a credit report (lucky me) and even some stuff
which wasn't mine (not so lucky). Get ahold of Chilton or TRW and
get a copy of your report and see if the bad bill even shows.
Sue
|
650.11 | | HAMSTR::IRLBACHER | | Tue Jan 10 1989 12:34 | 3 |
| Have you gone to the credit bureau and read your file?
|
650.12 | its there alright. | TPVAX1::WHITEWAY | | Tue Jan 10 1989 14:09 | 14 |
|
Oh yeah!!
I did check my file. It is there in plain sight. I sat with
the credit bureau people. They said there is not much I can do.
Just explain it to those who inquire. I added a note in there about
the divorse. But the billing company will not do the same.
The more I sit here the madder I get. In reference to the reply
suggesting I contact her first and then go to court... I did. I
even told her I would pay it and she could pay me at her convenience.
She said she had to think about it....(Ha) Haven't heard from her
since. It just makes me realise I have not a damn thing to stand
on.
|
650.13 | Pls. call your lawyer what have you got to loose | ANT::MPCMAIL | | Tue Jan 10 1989 14:37 | 9 |
| YOU DO HAVE A RIGHT TO STAND THE DIVORCE. AND THE LAWYER GET HIM
INVOLVED. HE'S YOUR ONLY HOPE sorry about the caps, I forget they
are on. Like I said he handled my situation after I "tried everything"
from calling him, his lawyer, his mother his work. everybody and
anybody, my lawyer was the last and he assked why he wasn't the
first. HAVE you aclled your lawyer and explained the problem?
why not what have you got to loose? You've called everybosy else,
to no avail.
Lisa
|
650.14 | oops! I should have thought | TPVAX1::WHITEWAY | | Tue Jan 10 1989 14:59 | 12 |
| well, no !
You see when we divorsed it was clean cut and dry. There was
really nothing to contest. We split up everything to a degree and
we signed the divorse decree. There was no lawyer involved on my
part.
At that point all I wanted was to have it over. At that point
I was dumb, and very naive. I never thought games would be played.
but I learned a little too late.
Now I realise how important it is to have anything legal done
with a lawyer.......
me
|
650.15 | | COGMK::CHELSEA | Mostly harmless. | Tue Jan 10 1989 17:50 | 6 |
| Re: .14
Getting a lawyer now is a little bit of a stopgap measure, but no
time like the present. If possible, I'd consider adding expenses
to the suit. It's her fault you had to go through all this trouble,
after all.
|
650.16 | just clear my name please | TPVAX1::WHITEWAY | | Wed Jan 11 1989 08:36 | 16 |
| I don't know. Actually I rather just forgo all problems in regards
to her. I am not looking for revenge. At this point I will attempt
to get reimbursed for what I had to pay. If not then so be it.
My only real concern is my credit. That is the issue I need
to resolve, and it looks like there is no clean cut way. I will
keep plugging until I do find a way.
Re. the suggestion about note in consumer. I have read them
and have a few ideas.Thanks.
If anyone comes up with suggestions please keep writing. I am
(and will continue to) looking for anything. I will find that needle
in the haystack.
And thank all of you for writing so far. I never expected this
much activity..... I apreciate it much..............
me
|
650.17 | Your Welcome | ANT::MPCMAIL | | Wed Jan 11 1989 10:14 | 5 |
| Your welcome, I know what it si like to get a divorce and then get
the little surprises sprung at you. I hope this matter is cleared
up. I know what a pain in the AS_ it can be but keep plugging, I
know you will find that needle also.
Lisa
|
650.18 | | TPVAX1::WHITEWAY | | Wed Jan 11 1989 11:06 | 2 |
| THANKS
|
650.19 | | SCARY::M_DAVIS | Eat dessert first; life is uncertain. | Wed Jan 11 1989 12:57 | 12 |
| My recommendation is that you try to apply for credit somewhere,
anywhere... perhaps for a gas credit card or such. If and when you are
denied credit, then you have a case. Right now, you have not been
"injured" in legal terms by your credit history. A credit denial would
constitute such an injury and you could then take it to court. If you
are denied credit, you have the right to request (from the gas company)
a written explanation of why you were denied. The denial notice and
the letter of explanation together with the credit bureau file should
be brought to a lawyer and she/he will take it from there.
Good luck!
Marge
|
650.20 | good thought | TPVAX1::WHITEWAY | | Thu Jan 12 1989 07:12 | 11 |
| re 19
that is a thought I hadn't considered... but it sounds like
a good idea... Maybe I will give it a try. I am worried about the
future possibilities, and this may be a way of knowing if there
will be a problem.
thanx
me
|
650.21 | similer situtation with happy ending | COMET::PAPA | I'm the NRA | Wed Jan 18 1989 00:17 | 18 |
| I had a similar situtation occure with sears a few weeks ago. I
called them explained everything they asked a bunch of questions
about the dates of all the events and said for me to call them in
a few days. when I called them back they said they had checked
everything out and were sending a correction to the credit bureaus
and a copy to me and the bank I was trying to refinance my home
with. A few days later I recieved a letter saying that their had
been a mistaken entry in my credit record and it was removed and
corrected. I then called the credit bureau and they said they had
recieved the correction and amended my record. The bank approved
my refinancing. I was surprised at how smoothly sears handled
that. The women at sears said they had just had a training session
on problems reguarding credit problems related to divorce and unpaid
bills and who and why one or the other person should get the bad
credit hit. My situation fit one of their training examples.
The orgional entry was put on a couple of years ago but this was
the first time I had tried for any credit approvals since the bad
entry was made.
|
650.22 | they should all be trained | TPVAX1::WHITEWAY | | Mon Jan 23 1989 07:16 | 10 |
| re.21
I wish my problem was resolved so easily.
The bank card center refuses to write a letter on my behave
even though they admit they had been sending the bill to my ex for
2 years. They also refuse still to write a note though I paid it
in full the week I found out about the problem.
I think these people could use a course themselves......
me
|
650.23 | Write the chairman | AKOV13::FULTZ | ED FULTZ | Mon Jan 23 1989 11:34 | 17 |
| re .22
It sounds like the bank card center is taking the attitude that
they have the money so scr*w you. If that is the case, then I would
take all my business from them and write a letter to the chairman
of the board stating what has happened, with documentation, and
what you feel about the situation. I have written to chairmen in
the past and have gotten basically a favorable response in most
cases. Some don't help, but most do care about how their organization
is treating customers.
I would hope that the chairman would have an assistant look into
the case, at the very least. You have nothing to lose and everything
to gain. Who knows, it might work.
Ed..
|
650.24 | where do you locate? | TPVAX1::WHITEWAY | | Mon Jan 30 1989 06:59 | 8 |
| re.23
Good thought... How does one go about getting the name of the
chairman though? Suggestions?
I think I will give it a try.
me
|
650.26 | how to correct past note.? | TPVAX1::WHITEWAY | | Mon Jan 30 1989 09:12 | 7 |
| re 25
HEY.,,,,
You are right..... But How the heck do I correct it? If you
can lend a hand explaining how to fix it, I will do so immediately.
And Thanx for pointing it out. OOPS!
me
|
650.27 | | QUARK::LIONEL | Ad Astra | Mon Jan 30 1989 09:55 | 8 |
| I fixed the title. For future reference, you would use the command:
SET NOTE /TITLE="whatever you want" 650.0
or, if using the DECwindows interface, select "Modify..." from the "Notes"
pulldown menu.
Steve
|
650.28 | | AKOV13::FULTZ | ED FULTZ | Mon Jan 30 1989 10:23 | 14 |
| One way to find out the Chairman of the Board's name is to ask the
manager of one of the branches. If they have the annual report
available, then the person's name is on that. Or, you could get
the telephone number of their investor group (the one that handles
stockholder questions) from the phone company. They could give
you the person's name and address.
But the easiest way would be to go to the branch and get the name
and address from them. You might have to be somewhat insistent,
as they may try to say that they can resolve the problem themselves
(if so, then great, but I doubt it).
Ed..
|
650.29 | again | TPVAX4::WHITEWAY | | Mon Jan 30 1989 11:10 | 9 |
| re.27
Steve, Thanx for the help..... I appreciate it.
re. 28 I think I will try your first suggestions since this
company is located in R.I. and I am in N.H.
Thanx again to all who have helped. I now have some avenues to pursue.
me
|
650.30 | Credit Bureau Hassels | TPS::BKINNEY | | Wed Feb 15 1989 12:33 | 13 |
|
Make a copy of the divorce decree (part where it refers to this debt)
and forward it to the credit bureau (with a letter explaining all of
this in detail). There may be several credit bureaus in your area,
so be sure to contact each of them. Wait for their reply (official
reply, in writing) and go on from there. If need be you may have to
consult an attorney. However, I think that your sending a copy of
your divorce decree plus a letter of explanation to each credit bureau
in your area will suffice.
Barbara Kinney (TPS::BKinney)
|