Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
It is a little confusing as to whether the creditor actually obtained a deficiency judgment against your husband and his ex-wife or whether the attorneys are merely attempting to notify and collect on the debt. To get to the heart of it, your husband and his ex may consider taking their paperwork to a local attorney to advise them of their rights. If this is the first time that the creditor is trying to collect on the debt since the repossession, it may be too late for the creditor to try to collect.
However, if a judgment has been taken, there may not be a lot that can be done.
If no judgment has been taken, then your husband may be able to negotiate down the amount of money that he pays to the creditor in settlement of the debt.
Either way, it will be imperative that a response is provided within the thirty days, even if it is to notify the attorney that he is having the issue researched with local counsel.
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The unfortunate answer to this question is 'yes'. As long as someone can make their mark on their document, expressing their intent to be bound to the terms of it, then a contract is formed.
The law will presume that if someone puts their mark on the contract, indicating their consent, that they understood what they were consenting to. However, they can rebut that presumption by arguing that the terms of the contract were not fully explained and that they could not be consented because the terms because they did not know what they were.
I hope that is helpful.