Responsible for Loans after Divorce?

I reside in Winston-Salem, NC.  I was married to a woman for about six years in Davidson County, NC.  While we were both married we applied for and received funds from student loans.  I do not ever recall ever having co-signed for her loans nor did she co-sign for mine and upon divorce I did not assume any financial obligations for her debts.  Basically my best recollection was that the court order stated something like any property, loans, etc in my name remained mine and property, loans etc in her name remained hers.  It’s been about three years since the divorce and debt collectors are calling my parents and interrupting their lives.  They want my parents to give a message to my ex-wife or they want my contact information for me to give messages to my ex-wife.  My parents number is also on the do not call registry.  I have recommended they do not give them any information and report future calls to the FCC using their online form and under no cirumstances give them any information about me.  Is there any way they could pursue me for her debts?  I thought this was all taken care of when we divorced with the court order.  I am about to get married and my fiancee is thinking we will hounded by my exes debts for the rest of our lives and it’s quickly turning into a bummer.
You are not obligated to pay the loans (unless you co-signed), but why don’t you tell the loan companies how to get in touch with your ex-wife?  If you don’t know where she is tell them that.  Why should you run interference with with loan companies for your ex-wife.  The FCC won’t take any action here.  The do-not-call list does not apply in this situation.

 

17 Year Old Debt

I am 35 years old.  When I was about 17 – 18 years old I got a department store credit card.  Well I thought that I paid it off.  The company went out of business.  Seventeen years I am getting a call from a credit collection company saying that I owe the money.  I have not heard anything from anyone until now.
I think that in most states a collecting a debt that has been outstanding for 17 years would be barred by statutes of limitations.  Technically the expiration of the statute of limitations does not mean that you do not owe the debt.  It means that the courts will no longer enforce the obligation.

 

Default Judgement and Payment Plans

Discover Bank has acquired a default judgment against me via a North Carolina law firm.  I’ve attempted to work out a payment plan with the law firm that I can afford, but the amount that they are requesting is more than I can pay.  We are considering bankruptcy.  My question is this:  Can a consumer creditor, such as Discover Bank and their NC attorneys, seize and/or take money from my bank account in NC?  I know they can’t garnish my wages, …and I’ve completed my motion for exemptions form that I was served.  My fear is that they will take money from our bank account on my payday (I’m a teacher and get paid once a month) and then my family will be unable to pay our bills such as electricity, car payment, house payments, etc.  I know bank levies can go into place for tax bills and such, but can this by done for outstanding credit card debt for which a judgment has been issued?
The procedure for enforcing a money judgment is called “execution.”  In an execution the sheriff is required to locate any non-exempt assets the debtor has and seize them to sell or apply toward the money owed.  A bank account is an asset and and if the money does not qualify as an exemption, it is subject to seizure.  Whether or not that will actually happen depends on how aggressive the creditor is.
If you cannot pay and are unlikely to be able to pay for the foreseeable future, you should consider bankruptcy since it would probably eliminate the debt for good.