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Conference quark::human_relations-v1

Title:What's all this fuss about 'sax and violins'?
Notice:Archived V1 - Current conference is QUARK::HUMAN_RELATIONS
Moderator:ELESYS::JASNIEWSKI
Created:Fri May 09 1986
Last Modified:Wed Jun 26 1996
Last Successful Update:Fri Jun 06 1997
Number of topics:1327
Total number of notes:28298

650.0. "what good is the legal system/divorce?" by TPVAX1::WHITEWAY () Tue Jan 10 1989 10:11

    	Can anyone help with some advise? I rather not go into detail but I
     have a slight problem, that I can not seem to resolve.
    	After getting divorsed, I have heard nothing from my ex in about
    two years. About three weeks ago I recieved a call from a collection
    agency regarding a bill which the ex was to pay.(It states this
    spicifically in the divorse decree). It seems the bill has not been
    paid for a long while. Heres where it gets good. The bill was in
    my name when we took it out. At the time of the divorse I wrote
    the company and they in turn started billing her.
    	Not since that day have I heard a thing. I have recieved no
    bill, no statements, and no letter telling me it was not being paid.
    Suddenly a year and a half later, they inform me my credit bureau
    has been notified and my rating is seriously effected.
    	I AM PISSED. Not only did noone bother letting me know, but
    they then tell me it is my responsibility to insure complete, timely
    payment of a bill which is NOT my responsibility. I have contacted
    legal aid, better business bureau, my ex, and consumer protection.
    Not one of them care that the divorse decree staes the ownership
    of the bill. 
    	I have since paid it off so as to clear my credit. Now they
    tell me it does not matter. (This credit rating will be on there
    for 7 years.) What can I do. I am hoping someone out there can help
    me because my patience has run out. The place of the bad bill will
    not, (even knowing the whole story and having copies of the divorse
    decree) even write a letter to the credit bureau.
    	There is much more to this story, but I want to leave it as
    simple as possible. Can anyone help???????????????
    me
T.RTitleUserPersonal
Name
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650.1Sue - The American WayRUTLND::KUPTONThinner in '89Tue Jan 10 1989 10:4615
    	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
650.2Seek legal adviceANT::MPCMAILTue Jan 10 1989 11:2517
    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
650.3QUARK::LIONELAd AstraTue Jan 10 1989 12:067
    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
650.4but;...........TPVAX1::WHITEWAYTue Jan 10 1989 12:1516
    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
    
650.5Talk To Your AttorneyATPS::GREENHALGEMouseTue Jan 10 1989 12:1617
    
    
    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
650.6Companies can do as they want?TPVAX1::WHITEWAYTue Jan 10 1989 12:439
    	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
    
650.7AKOV13::FULTZED FULTZTue Jan 10 1989 12:5812
    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..
    
650.8Had the same problemANT::MPCMAILTue Jan 10 1989 13:0213
    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
650.10It might not showCIMBAD::WALTONTue Jan 10 1989 15:348
    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
650.11HAMSTR::IRLBACHERTue Jan 10 1989 15:343
    Have you gone to the credit bureau and read your file?  
    
    
650.12its there alright.TPVAX1::WHITEWAYTue Jan 10 1989 17:0914
    
    
    
    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.   	
650.13Pls. call your lawyer what have you got to looseANT::MPCMAILTue Jan 10 1989 17:379
    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
650.14oops! I should have thoughtTPVAX1::WHITEWAYTue Jan 10 1989 17:5912
    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
    
650.15COGMK::CHELSEAMostly harmless.Tue Jan 10 1989 20:506
    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.
650.16just clear my name pleaseTPVAX1::WHITEWAYWed Jan 11 1989 11:3616
    	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
    
650.17Your WelcomeANT::MPCMAILWed Jan 11 1989 13:145
    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
650.18TPVAX1::WHITEWAYWed Jan 11 1989 14:062
    THANKS
    
650.19SCARY::M_DAVISEat dessert first; life is uncertain.Wed Jan 11 1989 15:5712
    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
650.20good thoughtTPVAX1::WHITEWAYThu Jan 12 1989 10:1211
    	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
    
650.21similer situtation with happy endingCOMET::PAPAI'm the NRAWed Jan 18 1989 03:1718
    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.
650.22they should all be trainedTPVAX1::WHITEWAYMon Jan 23 1989 10:1610
    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
    
650.23Write the chairmanAKOV13::FULTZED FULTZMon Jan 23 1989 14:3417
    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..
    
650.24where do you locate?TPVAX1::WHITEWAYMon Jan 30 1989 09:598
    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
    
650.26how to correct past note.?TPVAX1::WHITEWAYMon Jan 30 1989 12:127
    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
    
650.27QUARK::LIONELAd AstraMon Jan 30 1989 12:558
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
650.28AKOV13::FULTZED FULTZMon Jan 30 1989 13:2314
    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..
    
650.29againTPVAX4::WHITEWAYMon Jan 30 1989 14:109
    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
    
650.30Credit Bureau HasselsTPS::BKINNEYWed Feb 15 1989 15:3313
    
    
    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)