My ex has maitained great credit history for more than 10 years , however he ran more than $ 100,000 in debts . In the mintime we devorced . He has left the country and most likely will not return any time soon . He stoped his payments . Can the authorities persecute him ? Is it a criminal matter ? Can I be involved somehow ? I have separate credit history , but we were married , paid bills together , had one bank account together etc .
Sorry to hear of your situation - with $100,000 outstanding it is likely that you will be contacted by creditors soon looking to collect on these debts. Without knowing the facts of how or when your ex-spouse incurred the debts, you should take a good look at your credit reports to ensure that no new "joint" lines of credit are open and active. Also the timing of your divorce is critical: debts incurred during the marriage could be considered as "joint" in some instances.
This is a general comment to your posting and is not meant to constitute legal opinion or advice. This posting does not establish an attorney-client relationship in this matter. If you think you need legal advice or representation for this matter, you should consult a licensed attorney in your jurisdiction.
I am surprised that you did not have a marital settlement agreement which would spell out who each debt belongs to. Although this is not a criminal matter, it would not surprise me if his creditors came after you since you and your assets are here and he is not. I suggest you hire an attorney who can do a judgment search for you, to see if there are civil suits current against your ex and you. Even though you may not be on his credit cards, in some incidents, some of the debts may be considered marital. (For examply, his plane ticket out of the country may be considered a personal debt, but if he bought furnitute which was used in the marital home, that might be considered a marital debt). If you would like to discuss your options and learn how to protect yourself from creditors you may contact my law firm. Our NJ number is 908-400-5585. I have a legal guide on How NYS Protects Consumers from Illegal Debt Settlement and Debt Collection Companies. The program is not available in NJ, but the two guides provide some very practical guides on how to fight back with certain creditors who do not follow the law.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:
Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……….……………………..…………………………..
Commercial litigation: How to Handle a Dispute
How New York State Protects Consumers from Debt Settlement and Debt Collection Agencies, Part I and Part II.
Divorce and Legal Separation in General and How It's Handled in New Jersey
Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
Our law firm may be able to assist you in this legal matter. You can access our contact information at our website: www.sarnoanddefelice.com or my avvo profile.
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.