Need some help with a semi-legal issue...

DigitalCancer

Diamond Member
Apr 6, 2004
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So...my ex-wife and I split up 2yrs ago and we did the divorce through LegalZoom so it wasn't so expensive since we had no money. We had no kids/major bills or anything so...we split everything down the middle.

I took on the credit cards that I wanted and she took the rest + mortgage and new car. She let both the car/mortgage go back since then.

So..I had this SallieMae loan for some certs that I'd gotten from a school and I told her that I'd pay that since it was mine but in her name.

I've been paying on it and recently had went into look at it, my loan is roughly $7,000. I tried to login, but couldn't so I called Sallie b/c the password reset wasn't working. They asked me to confirm the address on the account, well...turns out I couldn't. I finally get the password reset and see that She has it set to her address. Also...to my dismay....there's a total loan amount of $16,000. This was dispersed 3 months ago. I called Sallie back and gave them the info and they told me where the loan went to and to who, it was of course, the ex-wife.

I emailed the ex and explained to her that I'd reset the password on the account and ask if she'd gotten the loan, yada yada. She comes back as a bitch of course and tells me to quit resetting the account, it's her's...yada yada.

So..my question is this...does she have legal ground to take me to court for the $7,000 if I were to quit paying the payments on this? I checked, and it is in the divorce papers as mine but this isn't under my name.

What I'm being forced to start doing is pay $90/month directly to her and although that'll get me out of ALL of the interest...I'm worried as to how to keep track of all of this.

Any advice would be greatly appreciated and I understand that none of you are lawyers..or are you? ^_^

Thanks for future advice!

PS...I wanted to add her response to my email which was a whole (3) lines stating...I need access to the account again b/c Sallie is stupid and took me off or something? Thanks.

"First of all, I don't NEED to do anything. It's my fucking account, so stop changing it to your email and changing the password. You are no longer authorized on the account. Stop using my social security number. From now on, you can pay me the $82.91 per month directly. You have my address. I don't trust you in my account when I have my own business with them. It's my credit you're fucking with.

Secondly, I have a full-time job, 3 kids, and I'm pregnant. I'm a little busy. I do plan on sending your stuff; it's just hard to get to the post office when I work all day."
 
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DigitalCancer

Diamond Member
Apr 6, 2004
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hmm...so what will I need to do with this? I have a lawyer that would help out that I've used in the past (only once before).

Is this something where I'll need to take out a loan or something? I mean, the interest right now is like 9% on the $7000.
 

MrChad

Lifer
Aug 22, 2001
13,507
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IANAL, but I would imagine the proper way to do this would be to refinance the loan to just your name, that way you have control/responsibility over the payments. This is in your ex's best interests too, as she is still the name on the loan regardless of who is paying for it. Her credit is at risk if you default.
 

DigitalCancer

Diamond Member
Apr 6, 2004
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You are screwed if you don't already have a lawyer.

Whys that?

I can show that I've been paying on the thing. I have all the payments from it so I don't know that she'd have any sort of merit of me NOT paying on it.

I'm just worried that she can try and take me to court for the $7000 and sue me? I dunno...and for the record...the kids are NOT mine, don't want anyone thinking that I wasn't supporting my kids. ^_^
 

BoomerD

No Lifer
Feb 26, 2006
66,278
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Is it written into your divorce decree that you will make the payments on the loan?

If so, you're probably stuck for the $7,000, but your LAWYER should be able to get you off the hook for the balance.

If not...since she's the one who added to the balance, and it's in her name...let her make the payments. :p
 

Crusty

Lifer
Sep 30, 2001
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Whys that?

I can show that I've been paying on the thing. I have all the payments from it so I don't know that she'd have any sort of merit of me NOT paying on it.

I'm just worried that she can try and take me to court for the $7000 and sue me? I dunno...and for the record...the kids are NOT mine, don't want anyone thinking that I wasn't supporting my kids. ^_^

Why? Because you obviously don't know the laws well enough to make an informed decision, all you are doing is screwing yourself by not taking care of this the proper way.
 

DigitalCancer

Diamond Member
Apr 6, 2004
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It's in the papers that it's my loan but it has the loan amount so that's all I'd be responsible for. I don't care to pay the thing but it would be nice to be able to stick it to her. I should have thought through things better when drawing up the papers.
 

DigitalCancer

Diamond Member
Apr 6, 2004
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Why? Because you obviously don't know the laws well enough to make an informed decision, all you are doing is screwing yourself by not taking care of this the proper way.

You're right...I don't know the laws. That's why I'm asking questions on what I should be looking at doing.
I'm trying to do whats right by her and she screwed me over (again). This is the LAST dealing that I have with her. I'll contact my lawyer later today, maybe I'll check on taking out a $7k loan and pay it on the balance except that I have no access to the account now.
 

BoomerD

No Lifer
Feb 26, 2006
66,278
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You're right...I don't know the laws. That's why I'm asking questions on what I should be looking at doing.
I'm trying to do whats right by her and she screwed me over (again). This is the LAST dealing that I have with her. I'll contact my lawyer later today, maybe I'll check on taking out a $7k loan and pay it on the balance except that I have no access to the account now.


Really, only your lawyer can give you the correct advice in this. He/she knows your state laws...

As much as I hate liars...I mean lawyers, sometimes they're a necessary evil.
 

DigitalCancer

Diamond Member
Apr 6, 2004
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Get. A. Lawyer.

ANY OTHER METHOD is completely fucking stupid.

Well stated.

I'll give him a call later this afternoon to see which route I should take on this. Like I said...it's through SallieMae so I'm not sure that I can refi through them or anything of the sort. I'm hoping my credit is decent enough now for a loan but, maybe not. =/

Thanks for the advice.
 

DrunkenSano

Diamond Member
Aug 8, 2008
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You don't know the laws, ATOT don't know the laws very well either and anyone who gives you advice could be pulling it out of their asses, you wouldn't know. Important and life changing stuff like this shouldn't be asked on ATOT, it should be common sense to get a lawyer.
 

DigitalCancer

Diamond Member
Apr 6, 2004
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I know one guy on here is a lawyer as I've asked for advice before and he'd chimed in. I do not remember his name though unfortunately as this case would be right up his alley. =/
 

Crusty

Lifer
Sep 30, 2001
12,684
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You don't know the laws, ATOT don't know the laws very well either and anyone who gives you advice could be pulling it out of their asses, you wouldn't know. Important and life changing stuff like this shouldn't be asked on ATOT, it should be common sense to get a lawyer.

Well we know the OP lacks common sense with the admission of using LegalZoom to do their divorce. If they had used a real lawyer he probably wouldn't be in this situation.
 

DigitalCancer

Diamond Member
Apr 6, 2004
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Well we know the OP lacks common sense with the admission of using LegalZoom to do their divorce. If they had used a real lawyer he probably wouldn't be in this situation.

Very true but when you're young, poor, and wanting a quick divorce...ya know.

It was $400 or $900...hmmm...Not to mention I was teh one that paid it b/c she was on medical leave for the time being. I was making $8/hr at the time (only 2yrs ago, I'm 25 now you get what you pay for of course, but most of it worked out. Just this small snag, everything else separated fine.
 

lurk3r

Senior member
Oct 26, 2007
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Sounds like she's just got another loan and wants to keep it in her name. It also seems that you paying this off is not actually written down anywhere, but you have manned up and agreed to pay for your own debt, good job. I personally would stay away from Lawyer scum, you will almost certainly loose more in legal fees than its worth, and just get a loan myself for the $7000 and pay it directly off to her lending agency.
 

mugs

Lifer
Apr 29, 2003
48,920
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I don't see why everyone thinks he's in a bad position that requires a lawyer. The loan is in her name, so she can't stick him with the $16k balance. It doesn't sound like she's doing anything nefarious here or has any intention or possibility of screwing him. If he pays her with a check each month and writes "Sallie-Mae loan" in the memo field, I think that's all the documentation he'd need. As long as he has proof that he has paid the full balance, what's she going to do?
 

DigitalCancer

Diamond Member
Apr 6, 2004
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Sounds like she's just got another loan and wants to keep it in her name. It also seems that you paying this off is not actually written down anywhere, but you have manned up and agreed to pay for your own debt, good job. I personally would stay away from Lawyer scum, you will almost certainly loose more in legal fees than its worth, and just get a loan myself for the $7000 and pay it directly off to her lending agency.

This is what I was thinking as well. But you see...I had to file Bankruptcy (due to her incompetency) because of the mortgage/car...there were no way to get either one out of my name. I was a co-borrower on both, I talked to a lawyer and the banks...both told me I was screwed unless I filed on'em so I eventually did considering I had 13 CC's anyway (stupid on my part as well but I've learned my lesson's for sure).

I've got like a 580 right now (filed at a 720 dammit). So I'm not sure that I could get a loan for the $7k, I'd just gotten a car loan this Feb due to a broken down car. Either way...I'm going to talk to a lawyer and see what my options are. I just wanted some basic advice on here.
 
Nov 29, 2006
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Sounds like she's just got another loan and wants to keep it in her name. It also seems that you paying this off is not actually written down anywhere, but you have manned up and agreed to pay for your own debt, good job. I personally would stay away from Lawyer scum, you will almost certainly loose more in legal fees than its worth, and just get a loan myself for the $7000 and pay it directly off to her lending agency.

This. Get a personal loan and pay it off completely so you can get out from under her control over it or call salliemae themseleves and see if "your" balance can be transferred to your name and responsibility. I think youd spend more in lawyer fees then is worth it for such a minor thing overall.
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
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Oct 30, 2000
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Because the loan is on the paperwork, even though she has it in her name; it is still in your name as responsible for payment. Make sure that you pay to the lending agency, not her. There is no way to ensure that she will pay it to the agency.

Son had that happen w/ divorce support payments. They were being sent direct to the ex instead of funneled through the court via wage garnishment. Courts had no knowledge of the $15K that was paid and it took over a year to coordinate the paperwork. Payments should have been reduced after 2 years but were not because of missing records. To get the missing $$ back would have been a court battle and was not worth it.
 
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Phoenix86

Lifer
May 21, 2003
14,644
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I know one guy on here is a lawyer as I've asked for advice before and he'd chimed in. I do not remember his name though unfortunately as this case would be right up his alley. =/
MotionMan is one, but there's a couple others who post in OT.
 

DigitalCancer

Diamond Member
Apr 6, 2004
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MotionMan is one, but there's a couple others who post in OT.

Nope, that's not the one (I'd know his name if I seen it). Thanks for the heads up though. I'll call my lawyer in a couple hours to see what he thinks and if he could take on the case or not.

I'm also going to take the poster above's advice and call Sallie to see if I might be able to transfer the balance into just my name. I just DO NOT trust her to pay payments. Like I said, she's already lost a car/house.

It's a long story but, she cheated on me and I wasn't going to stand for it...I'm the one that initiated the divorce.