Legal Question in Consumer Law in Florida

Divorce Decree and Debt

I co-signed with my ex husband for a truck in 2000 when we were still together in AZ. We separated in 2002. Divorced in 2004. Divorce decree states that he gets the truck. My car was repo'd during this time and I paid on it and took care of all other joint debt. This was the only thing he was to take care of. He has not, truck was repo'd and he took it out of repo by showing our divorce decree. Now they are suing me for his truck even though I did not consent to take it out and I have been trying to get them to repo it. Another issue is is that he is Native American on a Reservation. I moved to Florida in 2004. They have sent a detective to my house and I keep telling them he is not here. And today I got served by a summons person or notice person. What are my options?


Asked on 8/19/06, 10:41 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Divorce Decree and Debt

This arises from time to time in divorce cases. The divorce decree that provides that he will pay for the truck does not affect your separate agreement with the bank that you will pay. While, if you are required to pay, as seems likely, you can sue him -- that will be tough because he is not in Florida and even tougher because he is on a reservation.

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Answered on 8/19/06, 11:47 pm


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