Legal Question in Family Law in Arizona
I was divorced in sep 2006 and according to the divorce decree my ex spouse was awarded a Dodge ram and ordered to satisfy the loan within six months. Instead she used the vehicle for six months and then refuses to pay any more on the truck. I had also given her the $14700 to pay off the truck, but she turned around and used the money to buy a new ram truck and refused to trade in the old one.
Now my credit is jacked since the truck was repossessed and it cost me an additional $14000 to take care of the obligation.
I see under Arizona statutes I have two years to file against her from the scheduled date the contract would have ended (09/2008).
Does this mean I can sue her still for my losses and contempt of the court order up until 09/2010?
2 Answers from Attorneys
You could either go back to family court and try to get a judge to enforce the agreement, or you could sue her on contract in a regular civil suit.
Best of luck!
I am not sure what "2 year" statute you are referring to. I am not sure you are limited by two years to enforce your divorce decree. If you had a separate contract, perhaps the 2 year statute of limitations would apply there.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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