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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118689
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Signed a stipulated consent decree that was entered with the

Customer Question

Signed a stipulated consent decree that was entered with the court and accepted by the court. The stipulated consent decree calls for my wife to pay for the vehicle she has. She failed to pay and the car was repossessed. I am now being sued along with her for the deficiency. I know contractually I am obligated to pay but can I file a cross claim against her based on indemity? Further, what would such a cross-claim look like?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I know I can file for enforcement of the decree but I want to be able to respond in kind to this current civil complaint.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

She is in contempt of court. You can file a "cross claim" against her in the suit against you and her for the money due. A cross claim is where you sue someone on the same side of the "v" as you are on alleging that if you are found liable they are liable to you. So that is what you can file, but if she files bankruptcy or has no money to pay, the judgment you obtain through the suit would be unenforceable.