Richland, FL Bankruptcy Law Firms & Lawyers

It was a joint debts, even though was assigned to you as a result of the divorce, the joint creditor has a right to seek election against any party they can collect from, in this case it appears your wife is a easier target. Divorce judgment have to do with the rights between the two parties, not the parties and their creditors. If your wife is compelled to pay the Wells Fargo bill then it will be required by the court, under the judgment, that you reimburse her.

You may want to consider filing a Chapter 13 bill repayment plan based on your ability to repay. So even though you are not eligible for Chapter 7 relief yet, you are able to file Chapter 13.

Fair Debt Collection Practices Act ? 805. Communication in Connection with Debt Collection [15 USC 1692c] (a) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location; (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. (b) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.