ok here is my situation. About 2 years ago I left my abusive excuse of a man. while we were married I co-singed a car loan with him, as well other credit cards. The car was his, and after I left he lost/left his job, car got repo'ed.
Per the divorce agreement we agreed that we would both file for bankruptcy....(which is a whole different question...how do you find a bankruptcy attorney if your low income)...we both have yet to file for bankruptcy.
About 2 mths ago I go a summons saying I had to reply, I forwarded to my lawyer, his office told me they would reply- they did not reply, and will not repond to my letters. I have been out of work for the last 3 months, and have not paid him yet...so I am guessing that is why I have not heard from me...
my question is what can I expect in court regarding the car payment. They send my ex a letter to be there, but they don't have is correct address, What is going to happen? I am a single mom with no job, and no money..am I going to jail?
2006-10-11 09:18:29 · 6 answers · asked by worththewhiskey 1 in Business & Finance ➔ Personal Finance
This is not a criminal issue from what you have described. You will not go to jail. The best advice i can give you is to not ignore the summons.
The action being taken against you is an attempt to get money that you owe as co-signer to the car loan. Both you and your ex are "jointly and severally" responsible for the balance owing. That means that either or both can be sued to get the money.
Go to court, and explain your situation. The judge will in all probability put the case off if you say that you need some time to get a new lawyer. At any rate there isn't much they can do to you.
2006-10-16 01:58:43 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Number 1> Take a copy of your divorce decree to court with you. If that divorce decree says he is responsible for making the payments, that will be a little bit of help for you. If you know your ex's correct address, you should be letting the bank know so that they can have him served. Going to jail, probably not. If they can't nail your ex for the money, they will nail you. So do your best to get his butt in the court room. If he doesn't show up, he loses by default. Visit this website, may give you more insite than anyone else besides a lawyer http://www.ftc.gov/bcp/conline/edcams/credit/coninfo.htm
2006-10-11 17:49:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, you aren't going to jail. This is a civil case and will result in a judgement against you and your ex. Call another attorney or go to legal aid for some advice. All law firms do a certain amount of pro bono work and generally work through the legal aid society. Good luck.
The sun will shine again. It will just take some time.
2006-10-18 10:20:09 · answer #3 · answered by Donald W 4 · 0⤊ 0⤋
What did the divorce agreement say about the loans you co-signed on? Hopefully the agreement got you out of those. Read the agreement to see what it says. Bring it with you to court. Be sure to go to court and I am sure everything will be OK.
2006-10-11 10:51:31 · answer #4 · answered by Stu 3 · 0⤊ 0⤋
First of all your not going to jail.what you need to do is go see a consultant.ex.pricewater house coopers,or someone like that.no job/no money =no problem.apply for personal bankruptcy on behalf of yourself/kids.don't worry about the dyck-head you married,they will find him and deal with him then.right now you need to think of yourself/kids.good luck hun.
2006-10-16 07:20:42 · answer #5 · answered by bub5804 1 · 0⤊ 0⤋
No you've done nothing criminal. I'm not sure what they can or will do to you what can they do. garnish your wages no your out of work. put a lien against your house if you own one. just go in and explain to the judge what happend and ask for help.
2006-10-11 09:31:15 · answer #6 · answered by setter505 5 · 0⤊ 0⤋