ex-wife...common debt

[brutus]

just joined today.... I am contemplating what to do. During my divorce last year, we had 2 cars repossessed. They have begun garnishing my ex-wife's wages, but I have not received any notification of a judgment, etc... against me. We live in different states. Can she sue me to recoup some of her garnished wages?

I advised her to file BK to stop the garnishment. My question is, should I go ahead and file or wait for them to come after me? I am remarried, my wife isnt working yet, so I know we are okay on the income test. I bought a house in July, and just bought a new car. I'm really okay on paying bills and have been trying to rebuild my credit, but cannot afford a garnishment.

Any advice on how to proceed?

[HHM]

Without knowing more about the specifics of the Divorce Decree, we can't really say.

In the Divorce Decree, who was responsible for the car payments. If you were, then the answer is most likely; yes, your ex can sue you, and since the debt is related to a divorce decree, you could not discharge your responsibility for it in bankruptcy.

[brutus]

the cars were repossessed prior to the divorce.....the loans were in both of our names.
No specific mention of the disposition of any debt was in the papers. Simply that all property and debt "should be divided between petiotioner and respondent as they may agree."

[brutus]

To clarify, the cars WERE NOT part of the divorce, and happened months prior.

[HHM]

Then you probably have nothing to worry about. I doubt your ex could sue you for the difference, the two of you were on the car notes, and the repo occurred prior to the divorce, the creditors are free to go after either of you, I guess the creditors got to your ex first.

[brutus]

Thanks for the info! I really don't want to file, but if I have to to avoid a garnishment, I will. I assume a judgment would have to be completed prior to any garnishment occuring. Is simply monitoring my credit report good enough to know if they have snuck one in on me?

I've heard sometimes they just post an obscure notice in the newspapers and consider that as serving the person.

I appreciate your advice!

[emoney]

You could get out in front of this issue. If you total debts are less that say 1/2 of your regular annual income a payment plan might be best.
BK is on walk of the beach. It will stay with you forever, affects jobs, insurance and the possibility of elected or appointed office.
Consider that step as the last resort.
regards,
emoney

[brutus]

They are less than half - add up to about $18k. When you say payment plan, are you referring to a CH13 or something I attempt to set up myself?

My other concern is if my ex does file her CH13 (don't beleive she can qualify for a 7 because she filed a bk I believe in 99 or 00), will her payment plan take into account mine or how will the creditors on the repos divide this up? Any experience with this?