Legal Question in Credit and Debt Law in California

complaint for deficiency

I have a friend that co-signed for a leased vehicle for his wife. They have since divorced. The community property was split and the wife agreed to keep the vehicle and maintain the payments. Well she did not do this and the vehicle was repossesed.

Now the auto company has filed an abstract of a judgment in civil/small claims court against my friend and the ex-wife for the deficiency. They have recorded a lien against both of thier separate residences.

If the divorce papers state the wife took the vehicle as community property shouldnt she be held responsible for the deficiency? Also can they put a lien on both the borrower and co-borrower's home.

What can my friend do to take care of this as soon as possible.


Asked on 4/27/06, 2:47 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: complaint for deficiency

The divorce does not alter the fact that your friend and his ex-wife were co-signers and are jointly responsible for this debt. The divorce decree creates a right of reimbursement if your friend must pay the claim. Your friend needs to seek the assistance of a family law attorney to initiate the proceedings to get reimbursement and/or compel the ex-wife to take care of this problem.

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Answered on 4/27/06, 3:48 pm


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