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My lady was married and in there divorce decree it said she

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must pay the car loan...
My lady was married and in there divorce decree it said she must pay the car loan. But he took the car off her hands and said he would pay on it. No payments were ever made on the loan and there is a big gash on her credit report. If taken to small courts will she win? How does the collection work? Since the transaction occured the defendent moved away would the claim have to be processed in the defendents state or can it be processed in the state we reside since the transaction occured here?
Submitted: 6 years ago.Category: Legal
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3/1/2011
Lawyer: Dave Kennett, Lawyer (JD) replied 6 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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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.

 

Dave Kennett

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Customer reply replied 6 years ago
This place is so funny before a guy told me we can. I am asking if we pay the bill can we sue him because he made a verbal agreement that he would pay the bill. Since he took ownership of the car when he drove away? He verbally said he would pay the bill never did, got a write off and told us it was taken care of three years later we find out that he never paid a dime. Since he said he would pay the bill never did can we take him to small claims because of this?
Lawyer: Dave Kennett, Lawyer (JD) replied 6 years ago
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Customer reply replied 6 years ago
I see. I thought since he took the posession of the car. He would be entitled to the bill. See what happen was his car broke down and was in need of a car so we gave the car to him because we just had got a different one. He had said he would pay the bill told us that it had been taken care of. Then 3 years down the road we find out that he got a write off, whatever that is, i guess get away with out paying but leave a dent in the credit report. Our plan was to sell the car and put that down on loan and pay off the rest through time, but he said he would pay it. Thats totally unfair he took the car to who knows where and left her with a big gash in her credit report. What can we do? Is it at all possible for him to pay the bill or would it be a waste of time? This would of been taken care of long ago.
Lawyer: Dave Kennett, Lawyer (JD) replied 6 years ago
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Customer reply replied 6 years ago

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?

Lawyer: Dave Kennett, Lawyer (JD) replied 6 years ago

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.

 

Dave

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