Legal Question in Credit and Debt Law in Florida

My wife was awarded the car in our divorce but is not making payments. It's about to be repo'd and my credit is being hit. What can I do?


Asked on 8/19/15, 12:46 pm

4 Answers from Attorneys

DMD PA DMD Law, PA

If you signed for the loan and it was not renegotiated after your divorce, and your name is still on the loan, then you are responsible for the payments if she doesn't make them. To stop any further action or hits on your credit, you would need to pay the outstanding balance.

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Answered on 8/19/15, 12:55 pm
L. William Porter, III Bogin, Munns & Munns, P.A.

You are most likely stuck. You might be able to negotiate something with the lender.

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Answered on 8/19/15, 1:06 pm
David Slater David P. Slater, Esq.

When she was awarded the car, was she also made responsible for the payments? If not, you are responsible.

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Answered on 8/19/15, 2:37 pm
Thomas Rosenblum Rosenblum Law Offices

Hello:

I read your Q and the previous answers, they are correct to the extent if you had been a party to the loan, you will be responsible to the creditor.

I have handled several of these types of cases. You can contact the creditor---explain the situation, they may take 50 cents on the dollar lump sum settlement or a monthly pymt plan.

Check your final judgment for specific language in regard to her responsibility for the car debt. If it says she is responsible and will hold you harmless for any default, you can sue her in family law court for any damages you incur as a result of her default.

Good luck. Tom Rosenblum

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Answered on 8/20/15, 8:57 am


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