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View Full Version : BK, are you as sick of this as I am?



Zoe Girl
5-21-13, 12:48pm
I just found out that the settlement is still on the table until June 16th by the collection agency. I just need in writing that my ex will not sue me. I called his lawyer today to see if I can get that, or if he is planning on suing me. I think this could be a good deal, it is worth something to feel I was not manipulated or bullied into BK when I had worked out a deal that I felt good about.

Over the assets, I understand on advice of an attorney what they can account for in the overal deal. I don't really have anything that is able to be hidden, not that I would. The worksheet is thorough, like asking about money owed to me or if I am expecting certain assets in the near future. I don't have a business so nothing is complicated.

You guys are totally awesome, I will take you all out for virtual ice cream when this is handled and I have financially recovered!!

ToomuchStuff
5-21-13, 1:08pm
If one gets sick of it here, we can just add you to the ignore function. You don't have that option, living it.
Does this settlement, make them whole? (do they get paid in full by you?) If not, knowing the attorney's I know, I doubt you get that letter of lack of intent, as the creditor, WILL want to be made whole and WILL go after those whose name is on the note (he was).
While you may be a turnip, currently (can't get blood from one), if you were involved in an accident, lawsuit where you one a large settlement, won the lottery, etc., his lawyer will want that option to sue, still on the table.

I was involved in a court case, where I went from a witness to a defendant. Codefendents, were big companies with deep pockets, that could bankrupt me just by extending out the case, and I was looking at, by the time of being done, being homeless (went on for three years). Not fun, I know, but we can't hide our head in the sand, even though it makes us sick.

Zoe Girl
5-21-13, 1:25pm
Thank you TooMuch, they will sign off that we are clear when I pay this amount. They cannot expect to getting 100% since it was sold off to a collection agency after all. Overall it is a crappy situation with a foreclosure, neither one of us got the house, everyone lost, and we all take part of the lump unfortunately. So in talking to them they did not expect 100% payment, and were willing to clear me with 1/8 of the total.

I hate that the legal system has offered no recourse to those who are affected by drawn out court cases intended to basically financially intimidate the other party into giving up. I was on the other end of that and if it wasn't for the help of my parents I would be in more serious trouble because I would have had too low of child support for the last 6 years.

rodeosweetheart
5-21-13, 1:25pm
If you settled and they had accepted your offer, and then they went after him, and he sues you, I am thinking that
a. you could countersue for all the money he owes you for the kids' medical over the years
b. if it went to a jury, they would be unlikely to find for him, since you have been handling it, and settled, and he has not been doing his share to make it right

But hey, I am not a lawyer. But I would talk to one about this.

Just because he sues you, does not mean he wins.

Oh, and if and when he did sue me, I would definitely countersue for harrassment.

ToomuchStuff
5-21-13, 1:30pm
Thank you TooMuch, they will sign off that we are clear when I pay this amount.

The WE in there is NOT the same thing as YOU are clear. Who is WE?

EDIT: Don't know if you read this yet. But I can't explain this strongly enough. YOU are NOT WE. You are not a married couple, do not have a power of attorney, or the right to use or sign his name on contracts, etc (if you did it is fraud and identity theft), do not have the ability (without it being in writing and them being able to verify it), to form, agree to, modify, etc. contracts for him. You can only negotiate, legally, for you. What you think clears "we", only clears you, unless you two jointly tendered it and they accepted it from you both.
I think your missing that, because of emotions.