How to Stop Collection Calls on Debt Owed by an Ex-Spouse
How to Stop Collection Calls on Debt Owed by an Ex-Spouse
The financial aftermath of a divorce can be nearly as upsetting as the emotional, especially when it comes to debt. Collection calls and letters for debts owed or to be paid by the ex-spouse are routinely made by the collection industry. Even when couples have agreed on who pays the financial obligations of the marriage, debt collectors have a way of stepping over these agreements by contacting the non-paying spouse to demand payment or to harass until payment is received from any source. What do you do when you are getting collection calls for bills to be paid by your ex-spouse?
The first step is to determine if you are legally responsible for the debt. If you signed a contract or other obligation such as an auto loan, credit card, cell phone service, utilities, etc. your name will remain on the contract until the debt is paid, unless it is revised by the creditor. This means that you are legally obligated to pay regardless of the terms of the divorce, unless the creditor has agreed in writing to remove you from the account. If the ex-spouse does not pay the debt they have become responsible for, your remedy is to seek enforcement of the divorce agreement made with the ex-spouse. Until the debt is paid, you are likely to begin receiving calls from the creditor or debt collectors working for them, demanding payment. If you are already receiving collection calls then you also need to stop the collection calls and letters.
People who receive these calls often ask us why they were not informed of the late payment status before the account went to a collection agency and the answer is simple creditors don't typically have a database of multiple addresses to send notifications, usually it is one address for each contract/loan. For example, if you moved out of the marital home, the creditor likely was not notified of your new address. If so, bills may not be forwarded or received.
It is important not to let marital debt be forgotten or unaddressed if your name is on the contract, as your credit score will be downgraded by any reported delinquency. Poor credit scores make it harder to get credit and will make credit that is extended much more expensive in terms of interest rates being charged. Some employers may turn down job applicants who have problems with their credit. And of course, there are the debt collectors whose job it is to get the creditor paid, often by means that can include unlawful activities such as harassment, abuse, threats, and other types of behavior. The one thing you absolutely can do if you are getting collection calls or letters from a debt collector is to stop the harassment by hiring an experienced consumer attorney to deal with the collection calls and stop them from contacting you once and for all.
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