Legal Question in Credit and Debt Law in Florida

My fiance' has a judgement against him for a car accident that his ex wife got into with her sister after they separated. The judgement is on all three of them because the sister was driving. We have a notarized Divorce Settlement Agreement from the ex wife stating her taking full financial resposibility for this judgement. The trust that holds the account will not release him from this judgement unless we take her to court and have a judge assign it to her. I need to know the type of case this would be considered (Class Action, Civil). Would I need to file this in the same county as the judgement, or just in the same state? And if known what the forms would be that would need to be filed.Any answer or help would be greatly appreciated.


Asked on 9/19/09, 9:27 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

Without looking at your matter in more detail, first I would say that I do not understand how the "Trust" (not sure what this means in this setting) could release your husband. Under the law, he is responsible regardless of what the divorce decree says. His ex-wife may have to pay him back for whatever he pays, per the divorce decree. Nevertheless, if there were a way to do this, it would be a civil matter.

Good Luck.

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Answered on 9/19/09, 10:44 am


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