Dear JACUSTOMER - The creditor can sue whoever was on the car loan regardless of what the divorce decree says. If the lender files a suit against your lady she will probably lose the suit if the loan has not been paid in full. The fact that her ex made some promise to pay means nothing to the lender since they have a note signed by her and that is who they will sue. They can also sue her ex if he is on the loan.
The fact that she was responsible under the divorce decree would prevent her from suing her ex since she accepted the responsibility in the decree. Ultimately she owes the loan so I see no way out of the debt if a suit is filed. Until they a suit they can do nothing to collect.
He is in the military and makes decent money. I don't understand a write off. The lender isn't bothering us or trying to get the money. It just states on her credit report that if not paid in full by 2015 it will be off her credit report either way. The whole thing is that she cant be on my bank account. Through small claims they wont do garnishments? If it is gonna be, hey pay them back its probably not worth it. Still if i do chose to go to small claims since the transaction occured in Colorado can the claims be filled here even though he moved out of state?
You would have to sue him where he resides as that would be the proper venue. You can sue in CO but there is no jurisdiction over him. I'm not certain of the amount but small claims courts generally have a limit of $5000-7500 so you may have to sue in the general division of the courts.
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