Legal Question in Business Law in California

My ex-husband was awarded his truck in our divorce. He has since let it get repossessed. I'm now being garnished for the truck since my name was on the loan. Since he signed the stipulated judgment that he would take the truck, can I stop the lender from coming after me? I have been told that the only recourse I have is to sue my ex-husband in small claims court to recover my garnished wages. I am also the only one being garnished.


Asked on 4/07/10, 10:33 am

1 Answer from Attorneys

What you have been told is essentially correct. Your divorce judgment is only binding on the two of you; it does not alter your obligations to your creditors. What is not correct is that you have to go to small claims court. If your ex was awarded the truck and the debt that goes with it, he is incontempt of court for not making the payments. You can take him back to the divorce court and have him held in contempt until he reimburses you and takes responsibility for the loan. Contempt can include fines and even some weekend jail time or "orange vest by the freeway" time, in addition to the restitution.

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Answered on 4/12/10, 10:47 am


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