My spouse and I are divorced. In the divorce decree it states he is responsible for a consolidation loan. He ?

Question

filed for Bankruptcy 2 years ago, and now all of a sudden, my ckeck (from my employer) is geting garnished for the consolidation loan. Is this legal? How can this happen??

Answer 1

The lender doesn't care about your divorce. You were married at the time and you are also responsible. You will have to take your x spouse to court to resolve the issue if you didn't file bankruptcy with him as a partner.

Answer 2

Apparently your name was still on the loan, which makes you responsible.  You need to see a good lawyer and get this worked out immediately.

Answer 3

Two separate civil actions where one overrides the other. Both you and your ex are named a party to the loan. They really don't care who pays it as long as it gets paid. The divorce decree may make him responsible for the loan, but the successful bankruptcy filing takes him off the hook and puts you back on. You can try to go after him (although that would amount to trying to squeeze blood from a rock) or you could try bankruptcy, but it sounds like your ex is in worse financial shape than you. Looks like you married a real gem there. Talk to your divorce attorney about it, but when dealing with creeps such as your ex, there may not be much he can do.