Legal Question in Family Law in Arizona

truch garnishment

Husband was awarded truck in divirce. We both signed the loan. He hadthe truck repossed. 7000.00 owed on truck. My wages are about to be garnished because they could not find my ex to garnish his wages. Anyway, went to court on a contempt matter. Asked the Judge if there was anything I could do about the garnishment against me since in the divorce papers the truck was awarded to him. She said, the only thing I can tell you is that when the divorce was signed the agreement was fair and equitable. Now, it does not appear to be so. She said I can not tell you what to do, but you should start here. So, this is where Iam starting. Any advise of help you can offer me?


Asked on 2/10/08, 10:01 am

1 Answer from Attorneys
Jeanne Whitney Whitney Law Office

Re: truch garnishment

You should start by looking at the original divorce decree language. Assuming both of you signed the loan to purchase the truck, the company that loaned you the money for the purchase does not have to abide by the divorce decree, but you could try to show them a copy with a written request for them to honor the court order. Assuming the company that made the load does NOT honor the divorce decree, you may end up having to pay off the loan. Then you would have to turn around and sue your ex�

I practice in Cochise County in southern Arizona. You might want to consult with an attorney in the county where the court action is taking place. The attorney could review all the docments, original loan application, the court decree, and the current contempt matter, for a more detalied evaluation.

Good Luck

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Answered on 2/11/08, 1:40 am


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