We are divorsed now our seperation agreement was from 2007 we were supposed to split the loans we Had but he debt consolidation them. 13 years later is now trying to sue me for half of the money he paid. No I never paid any of them. BC he said not to worry about it.
Just file for Bankruptcy protection and that will end your problem. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced NC bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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I am going to change the topic to Divorce and Separation so that you can get advice from family law attorneys. I think that's more appropriate. From a debt perspective, it depends in part on when he paid the joint debt that you were supposed to pay. It also depends upon what kind of debt it was (personal loan, contract under seal, credit cards, contract to purchase a car, etc.). There are a lot of factors which come in to play and I think you are going to have to have a specific consultation with a qualified attorney for an answer.
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The answer to this question depends on the parameters set out in the separation agreement pertaining to those loans. One could argue that the statue of limitations and repose have expired. But, I would venture to argue that the life of the loan term would govern since the other party would be responsible for their half of the loan until paid off. If the loans were consolidated, then there are other ways to argue the statute of limitations to determine exactly when the clock started ticking. Having said all that, he could have a real statute of limitations issue.
You need to speak with an attorney and have all the pertinent docs and facts available for an accurate assessment.
Regardless of what the law says, if you agreed to pay half in the separation agreement and didn't - then you should now pay your half. If he told you not to worry about it - you probably should have gotten that in writing. However, if you don't want to pay your half then go consult with a local attorney about your options. Bankruptcy is likely one as one attorney suggested. Going over the agreements with a fine tooth comb and applying any applicable statutes of limitations or other laws in your favor as another attorney suggested is also an option. Best of luck.
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