Robert
Irvine,#2Consumer Comment
Fri, November 04, 2011
Fast forward 3 years and I am contacted by this Johnson Mark stating I owe $1800 on this debt I just disregaurded it because I wasn't liable for this because of the decree.
- This is where your problem started.
A divorce decree in this case is worth about as much as the marriage it dissolved. Because Capital One was not a party to your divorce, that is they were not given an opportunity to object to the decree they are NOT bound by it. So as far as they, and the courts, are concerned you are still liable for the debt.
So while you don't want to hear that the suit is valid and you are going to have to pay it, that is unfortunately what is most likely going to happen. Not to say you don't have recourse against your ex, because you do. This is where the decree comes into play. The decree was between you and your EX and your EX IS bound by it. So he can be held liable for reimbursing you any money you had to pay toward this debt. You may even be able to get him for extra if it caused you additional money, such as late fees, higher interest..etc. To get this you would have to turn around and file suit against him. Then depending on the exact situation you may be able to get him held in contempt of court because he violated a court order by not paying on the debt.
Perhaps letting your ex know the situation and the trouble he may be in would get him to open up his wallet before you have a chance to even hang up the phone.