Brian

I'm in a bind and need some help. I'll give you the background details:

When I separated from my ex-wife I assumed all of our debt. I had never paid the bills, just earned the money so I didn't realize what I was getting into. As an "I'm free!" gift to myself I went out and purchased a brand new Monte Carlo. Stupid stupid stupid move.

I couldn't afford it and ended up telling the bank come take it. So they sold it at auction, and the difference of $11,500 went to collections.

Later on, I got out of the Army, got re-married, and relocated back here in Phoenix. Then one day a process server came to the house and I got served.

I look at the paperwork and it was a summons to appear regarding this debt. The plaintiff is Aron and Associates representing Harvest Debt LLC. So I call Aron and say listen, let me explain a few things:

1) I have no assets. No RV's, no motorcycles, jet ski's etc etc.

2) I have no job, so no wage garnishment is possible.

3) I am going to school on the G.I. Bill and you can't garnish that.

4) I own no stocks, bonds, land, or livestock.

5) This debt was accrued by me BEFORE I got re-married, so you can't go after the MRS. (This is the problem).

I said I am telling you all of this to save everyone the time and trouble of a court appearance. The lawyer from Aron says "OK, thank you for the call, I will FILE WITH THE COURT TO DISMISS". I hang up, and feel relieved. This was in February of 2009.

Yesterday, we got a letter in the mail from Banner payroll ( My wife works for Banner). It contains a copy of the court hearing, saying that since WE failed to appear, a judgement was ruled against us and my wife's salary is being garnished to the tune of $450 dollars a month until the balance of $16,495 dollars is paid in full.

I was friggin' floored. My wife cried. I have no idea what to do. My understanding was that if I accrued the debt before I was married my wife can't be held accountable. Am I wrong in that thinking? Why did the damn lawyer lie? (stupid question). Did I just eff up real bad?

Any help anyone can give....please.

LVG

I think, Brian, that what you need to do is see a lawyer ASAP. He'll probably need to file a motion to set aside the judgement based upon the facts you've presented. Then you'll have to appear in court again to clear up the situation.

I don't think you eff'd up real bad, I think that something happened between when the lawyer talked to you and the court date, either that or he deliberately mislead you. Remember that legally, if it's not in writing it doesn't exist.

You may want to think about filing an ethics complaint with the bar due to what the lawyer told you.

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kps0001

I got nothing for you but only "damn that sucks". I would contact a lawyer ASAP also. I think the only part you effed up was assuming the attorney would file the dismissal paperwork and not showing up to court to make sure. I would have done the same thing though probalby. Good luck

Brian

We filed today to request a hearing. I have 2 problems:

1) I understand that AZ is a community property state, meaning my spouse can be held responsible but I believe that only applies if we were married at the time. This is the sticking point.

2) I don't know that we can afford a lawyer. That can get expensive fast can't it? May have no other option.

ASUCHRIS

Brian,

I did some quick research, and it looks like you should be fine.

"In Arizona, generally when debts are incurred prior to marriage, they are considered “separate debts.” Spouses are not generally responsible for the separate debts of the other spouse. A spouse can become responsible for separate debts if he or she agrees to be responsible for the separate debt. This information is stated in the Arizona statutes: A.R.S. §25-215.

A. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary.
B. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse's contribution to the community property which would have been such spouse's separate property if single.
C. The community property is liable for a spouse's debts incurred outside of this state during the marriage which would have been community debts if incurred in this state.
D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation.

In Arizona, according to A.R.S. § 25-211 there is a presumption that all earnings and property obtained during a marriage are community property. In contrast, according to A.R.S. § 25-213, property owned prior to marriage, and property gained in the marriage by gift, or devise (i.e. through a will), or descent (if there was no will), are presumed separate property. "

http://azlawhelp.org/viewquestions.c...&sc=9&qid=7917

You may have to get a lawyer involved, but the case seems pretty clear.

LVG

The lawyer I have on retainer (and he's a good one) for $2,000 and he charges $350 / hour in Vegas.

You may want to look around to see who's available for what rates, and contact legal aid to see if you can get some assistance at reduced rates.

I got this number: 866-637-5341, from this website: http://www.azlawhelp.org/

The bar association also has this webpage:
http://apps.americanbar.org/legalser...y/arizona.html

If you're going into a hearing without a lawyer, you've got to have all of your ducks in a row and have all the documentation ready and duplicated. Including relevant ARS sections. But try to get a lawyer if at all possible.

[edit] Since the date of your marriage seems to be key to this situation, make sure you bring proof of when you were married and divorced.

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joeshmo

Sucks to say but you are probably SOL.

Without any proof either in recording or writting of what the Lawyer said in 2009, you have no legal standing beyond your possible belief that your Wifes assets dont count since the debt happened before you guys were married.

Your Lawyer fee's you will assess may be larger then your original debt, so I would look into that before trying to fight it. Again sucks to say but not fighting may be cheaper then fighting it, so you are going to have to weigh that.

Your one saving grace is that most financial institutions record each of their calls. Do you remember when you called if the operator recording said "this call will be recorded"? If it was they probably still have it saved on their server, I know when I worked for Wells Fargo they kept those recordings for 7 years, I think it was government regulated for that time period, but I could be wrong it has been a while since I worked for them. Should be pretty easy to supoena that on your own without the help of a lawyer, its just a few simple forms you can fill out or get help filling out at the court house if you dont mind waiting in line.

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Brian

Thank you. That was my understanding. I'm going to need a lawyer.

Brian

Thank you. I'll give them a call. A side note about good fortunes: After I got out, the Army sent me a nice little note saying they overpaid me on my final travel claim. They took it out of this years taxes. I called and proved I wasn't overpaid, so just now when I checked the mail...a refund in the amount of $1,100 dollars. That should help with the lawyer fees.

Thanks again for the help.

LVG

No worries. Good luck.

__________________
RISE UP DARK SIDE

"The problem with quotes on the Internet is that it is often difficult to verify their authenticity." - Abraham Lincoln

ASUCHRIS

Hopefully it will be resolved as quickly and painlessly as possible. The statute seems crystal clear.

Brian in Mesa

Good luck, Brian. Keep us informed, man.

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bankybruce

I dealt with Aron and Associates a few years back from a Capital One CC. They assumed the dept and are actually a collection agency as well. (Not sure if they do that in all cases) Tried to settle, but they refused and took me to court. I called and paid the day prior and saved the court fees, but ended up paying $650 on a $300 debt. Did not want to take any chances paying more.

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desertdawg

Lawyer sounds like the best route to me bro, unfortunately that's all I got. That just sucks, I hope it's just BS that aint legal.

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