According to our divorce he was to keep the car and car loan, when he filed bankruptcy in 2002, they bank took $1100 out of MY bank account and we had been divorced since 1999. Also I had to carry insurance for over a year because he did not per the divorce...is the statute of limitations run out? I paid for the insurance in 2004.
2007-01-01 12:22:25 · 5 answers · asked by hollygirl732001 2 in Politics & Government ➔ Law & Ethics
Was your name still on the car loan? If so, he is the only one that claimed bankruptcy not you.....there is a big difference there on that. You can contact the Chancery Court though for a ruling from the Judge on what he has done, then hire an attorney to handle the bank for you.....you should have shown the divorce decree to the bank and had your name removed from the loan if your name was also on it.
2007-01-01 12:32:22 · answer #1 · answered by Gypsygrl 5 · 0⤊ 0⤋
The divorce decree is not binding on the lender. They were within their rights as long as you signed the loan. Under normal circumstances you would be entitled to sue your ex-husband for the balance. I don't know what effect the bankruptcy has. Without knowing where you are, I can't look up the statute of limitations. Because your issue involves both divorce law and bankruptcy law, I doubt anyone can give you a proper answer here. A consultation with an attorney is in order here.
2007-01-01 14:16:34 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
What state do you live in? Your question is too confusing to answer. You were divorced in 1999. In 2002 your ex files for bankruptcy and then your bank takes money out of your bank account to pay his car loan? Was the loan in your name still? I would immediately file a petition for remedial contempt of court since according to the divorce he was to place the car in his name. Im assuming...i would need clearer information to help you out more.
2007-01-01 13:28:28 · answer #3 · answered by seven 3 · 0⤊ 0⤋
according to divorce--you can ask court (divorce court) to repay that amount to you.
small claims court don't ensure you will get paid even if awarded.
ask judge in divorce court to repay that amount ect to you.
bankruptcy should not have taken any money from you....
2007-01-01 12:27:12 · answer #4 · answered by cork 7 · 0⤊ 0⤋
Yes, you can and should take him to court!!!
2007-01-01 12:26:52 · answer #5 · answered by Cpl Coop 2 · 0⤊ 0⤋