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Emeritus23
Emeritus23, Attorney
Category: Bankruptcy Law
Satisfied Customers: 665
Experience:  some 28 years of experienced in Chapters 7 and 11
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In 2006 my husband and I separated, we had purchased a ...

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In 2006 my husband and I separated, we had purchased a motorcycle only a few months before this happened. After we were separated for about 6 months he filed chpt 13......a few months after that he filed chapter 7. When we separated we signed a piece of paper and had it notarized...it stated that he took full responsibilty for the motorcycle we had purchased and I as the co-signer was not responsible for this debt. About a week ago I went to purchase a new vehicle and found out that there was a judgement against me for the motorcycle from 2006. I was unaware of this..no one from the finance company had ever contacted me. Now they want me to pay $13,900.23 for a motorcycle that we only borrowed about $9000.00 for. The piece of paper that my ex and I had notarized....is that enough to get the finance company off of my back??
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Emeritus23 replied 8 years ago.

No, the notarized paper, unless agreed to by the finance company, is not binding on it. Your husband could not become solely responsible for the debt without the finance company's consent.

I am curious how the finance company obtained a judgment against you without your knowledge. Were you ever served with a summons and complaint?

Emeritus23 and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
No I was not. That is one reason I am so mad!! I did not even know about it and when I spoke with them they had my correct address. So I have had this judgement against me since 2006 and they want me to pay the court costs, lawyer fees and interest when I did not even know about it.
Expert:  Emeritus23 replied 8 years ago.
It is possible that they said they couldn't find you and got leave of court to serve you by publication. There are other possibilities. Reviewing the court file would be the best way to determine how they got a judgment against you without your knowledge.
Customer: replied 8 years ago.
All I know is I cant afford to pay this debt. I am a single mother, working a full time job and going to school. I was just accepted into clinicals so I will probably have to quit my job or go extremely part time. Should I file bankruptcy on this motorcycle??
Expert:  Emeritus23 replied 8 years ago.

No, I would not advise bankruptcy for a single $14,000 judgment. There are other avenues you should explore first.

  • force your husband to pay this judgment
  • negotiate with the judgment creditor. Just because they have a judgment doesn't mean they are in a position to collect. If you have no non-exempt assets, they will not be able to collect unless you make voluntary payments.
  • sell the motorcycle and use the proceeds to pay down the judgment
Customer: replied 8 years ago.
Well the $14,000 is after the sell of the bike. My ex turned it in and they sold it for $3015.00
I was worried that they might garnish my wages...can they do that?
Expert:  Emeritus23 replied 8 years ago.

It depends on which state you are in.

" At present four U.S. states - North Carolina, Pennsylvania, South Carolina and Texas - do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 percent maximum provided by federal law. States may also prohibit garnishment altogether in certain circumstances. For example, in Florida the wages of a person who provides more than half the support for a child or other dependent are exempt from garnishment altogether (though this exemption is subject to waiver)."

http://en.wikipedia.org/wiki/Attachment_of_earnings

Customer: replied 8 years ago.
I live in louisiana. what did you mean by "no non-exempt assets"?
Expert:  Emeritus23 replied 8 years ago.
Non exempt assets are assets subject to execution (seizure to pay a judgment). There are exemptions from execution in each state. If your assets are exempt, they cannot be taken; you are what is called "judgment proof".
Customer: replied 8 years ago.
Well I live with my parents so all I have is my car.