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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30150
Experience:  Lawyer
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Wa state law do I have legal rights to go after a car loan

Customer Question

Wa state law do I have legal rights to go after a car loan debt against the ex son-in-law that incurred in May 2012 resulting in the daughter and son-in-law separating in July 2013, and final divorce in May 2015? Payments were steady til separation, the son in law provided a few payments, the daughter then resumed payments up til January 2015. A lawyer told my daughter that she had to assume the debt as she drove the car and was her asset. This is stated in the divorce decree.
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
If the agreement you have was with both your daughter and her husband, that's technically still binding on both of them. You're not a party to the divorce, so it doesn't prevent you from suing former your son-in-law instead of your daughter.
The problem is, if the divorce decree ordered her to make the payments, then he'll take her to court for contempt. She could be not only ordered to pay the debt to you, but to pay his attorney's fees in bringing the case against her. So, suing your daughter's ex-husband could actually cost her several thousand dollars. It's important to be aware of that.
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