Legal Question in Real Estate Law in Arizona
i got a divorce almost 3 yrs ago. my ex was awarded a vehicle with payment. the vehicle has been repoed and the balance is $9000.00 the finance co. says i am responsible. is this true?
1 Answer from Attorneys
It is possible that you might be responsible. While the divorce decree might have said that your ex was awarded the vehicle and was responsible for the payments, that does not necessarily affect the relationship between you, your ex and the finance company because they were not a party to the divorce. You don't say whether you co-signed the loan or whether they are claiming it is a marital debt. These are important questions to be answered.
Before you consider writing them a check, however, you should demand that they provide you proof of the debt and support for their claim that you are responsible for the debt. I also suggest that you consider retaining an attorney to intervene on your behalf. Not only might there be defenses against the claim and the method of sale after the repo, but an attorney is likely to be in a better position to negotiate for you.
Almost certainly if what your question states is accurate, you will have a claim that you can bring against your ex. But, as the car was repossessed, I suspect it is possible that the ex has no money. You should discuss pursuing that claim with the attorney you speak with as well.