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JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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I have a Judgement pending against me due to a car being surrendered.

Customer Question

I have a Judgement pending against me due to a car being surrendered. I divorced my "Ex" of 16 years due to drug and alcohol problems. I was left with all debt from our marriage and a business. I have done the best that I could, but some things were inevitable, such as having to surrender my vehicle. I have "Durable Power of Attorney" for any decisions that I need to make in his name. Since this whole ordeal was due to his actions, is there any way to have this Judgement go against him (his name was on the the paperwork also) instead of going against my home. My home was one of the few things that I did manage to hold on to....at least for now. Please someone help me!
Submitted: 8 years ago.
Category: Family Law
Expert:  JPEsq. replied 8 years ago.

If you both signed the loan, then you are both responsible. You cannot force the creditor to go after him and not you. Your divorce paperwork should have spelled out who would be responsible for which debts. If the divorce decree said that he would be responsible, then your remedy is hold in contempt for not following the court's order to pay... but it iwll not change anything with the creditor.

 

As for your home, they may not attach it. You can work out a payment arrangement and they probably wont attach your home. Or you could file bankruptcy (which might be a good idea, given all you have told me). A bankruptcy could discharge the unsecured debt (the repo) and allow you to keep you home.

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Expert:  JPEsq. replied 8 years ago.
If it makes you feel any better, it wouldnt have mattered who was given the debt in the divorce, they can still sue either one of you...