I have a divorce decree where we agreed that my ex will refinance a student loan into just his name. The ex hasn’t refinanced and hasn’t made but 2 payments in 18 months and now the debt has been charged off by Sallie Mae. I understand a lot about credit and debt collection, but I am a little fuzzy when it comes to this specific
scenario. The ex obviously has no intention of repaying the debt. What are the worst-case scenarios as to how this will play out and what is my best course of action assuming that the ex has no intention of paying this bill ever? My assumption is that Sallie Mae will eventually sue both my ex and I individually in court. We will
each lose because we are both on the note. Sallie Mae will secure a judgment on each of us and then will start garnishing our wages. If
this happens, my question is can I sue my ex for the amount that is garnished from my wages because he was supposed to refinance that debt into his name according to the divorce decree? I realize that even if I CAN sue him and win, that I too will only receive a judgment and then will have to go about the business of collecting via wage garnishment or other method, but I’d like to know if that is even an option. The problem with that scenario is that it could take years for
Sallie Mae to obtain a judgment and years more to fully be repaid. By that time, a $5,000 balance could potentially reach $10,000 and my credit is tarnished until the entire thing is resolved and I can get the derogatory information removed from my credit report based on the divorce decree. As much as it pains me to think that the best option
would be to pay it off myself and completely relinquish him of his obligations, it is possible that it will cost me less in the long run and
help me clear up my credit a lot quicker and I can finally be done with all this nonsense. If I choose that path, will I win a court case where I
sue him for the debt that I paid on his behalf based on the divorce decree or will the judge simply say that I am a saint for paying off his
debt and I am eligible for no repayment? If I can get a judgment, I believe it would be in my best interest to do it now vs. waiting 4 or 5
years, possibly more. Does anyone have any professional insight into this situation? Your professional experience and advice is welcome and will be very appreciated.
I did try to file contempt of court and he showed up with a denial letter showing that he applied for a loan to refinance the debt and was turned down. Go figure, he makes 2 pmts in 18 months and gets denied for a loan. Then at the master’s hearing where we also negotiated child support, he asked the master if he paid off the student loan within 3 weeks, could he get a lower child support payment. To me that indicates that he is using the sallie mae debt as a bargaining chip, and has the ability to pay it off completely were he compelled to. The master’s hearing resulted in a denial of the contempt of court order. I guess I will have to consult a financial planner or a professional in the field of debt collection who can tell me what my worst-case scenarios are. It could be worse, it could be more than $5,000. Not so much money in the big scheme of things. You just hate to see a good-for-nothing a-hole get away with anything. Thanks for your help.