Legal Question in Family Law in California
shared debt
I have a friend that just got a divorce and her bum of an exhusband isnt paying his car payment thats in both their names. Her credit is being destroyed by him. Is there anything she can do?
1 Answer from Attorneys
Re: shared debt
If the judgment awarded the debt to him, she can file a letter with the car loan company and credit reporting companies stating she is not liable for this debt and attach a certified copy of the judgment or that part of the judgment. If the loan and credit companies do not back off, she can then enforce the judgment against him by filing an Order to Show Cause to determine debt, get an order for a stated amount including attorney fees, and file a Writ of Execution against his bank accounts or garnish is wages. She then pays the debt from the proceeds she collects. If it is not in the judgment, then as a joint owner, she is liable for the full amount of the debt.