I had a property settlement drawn up in my divorce that stated that I would not persue alimony in my divorce if my exhusband took full financial responsibility for a 2002 mitsubishi eclipse loan. Well after the divorce he had the car repossed because he didnt pay the loan and then filed bankruptcy. The loan company then came after me for the monies owed so I had to file bankruptcy. Anyway my question is, since he didnt take financial responsibility on the car like agreed in our property settlement, do I have any claim to file for alimony or damages?
2006-06-30 07:06:23 · 7 answers · asked by Shorty 2 in Family & Relationships ➔ Marriage & Divorce
YOu cant just have somethin reposed. If he legitimately couldn't pay for it and it got repo'd I'm not sure how far you will get. It does not matter if there is a judgement saying he has to pay it. The loan company/creditor still has every right to come after the other party for payment. That judgement does not relieve the others financial responsibilty of the debt.
If he deliberately defaulted on the loan than that is Contempt of Court and you may very well get the alimony.
It's highly!!! unlikely the creditor will be sympathetic to the courts assignment of debt. That agreement is between the two of you and the court for separation and it does not have any bearing on the creditor collecting from either of you.
2006-06-30 07:31:52 · answer #1 · answered by Carp 5 · 0⤊ 0⤋
If the judge singed the paper saying that the ex had to pay for the car and then he defalted on ot, your ex is in contempt of court. And you should go to the car company with your divorce agreement and explain the situation. It was up to your ex to take your name off the title when the divorce happened and when he didn't he was in contempt and then he got the the car company to take it out on you.
You can get almony now and also push your lawyer to have your ex spend some time in jail. Get a good judge too.
Good luck
2006-06-30 07:46:05 · answer #2 · answered by jaelyn1976 2 · 0⤊ 0⤋
Contact a lawyer, he breached his portion of the judgement. And you shouldn't have filed bankrutcy over that loan since you had a signed judgement saying "he" was responsible to pay for it. You should have contacted a laywer before you screwed up your credit.
2006-06-30 07:11:49 · answer #3 · answered by sweetdreamin96 4 · 0⤊ 0⤋
You can file for damages because his actions, made you file for bankruptcy. if it is stated in your divorce decree that he takes responsiblity of the loan, then it is in fact a binding agreement between two knowing parties.
2006-06-30 07:10:38 · answer #4 · answered by Dawn R 4 · 0⤊ 0⤋
You really need to consult an attorney about this. The only way you will get a real answer is in the legal world.
2006-06-30 07:12:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes you both had a signed agreement, you followed through on your half he needs to do the same.
2006-06-30 07:13:05 · answer #6 · answered by tryme 1 · 0⤊ 0⤋
yes, i would think so. consult a laywer.
2006-06-30 07:09:36 · answer #7 · answered by Brandie C 4 · 0⤊ 0⤋