Legal Question in Credit and Debt Law in Florida
To make a long story short: My ex-husband and I purchased a motorcycle together. He was abusive, and I filed for a divorce & received a restraining order against him. He received motorcycle in divorce and had 90 days to remove it from my name which he never did and defaulted on the loan, resulting in repossession. 6 years later we are jointly being sued by the bank. I responded to the summons and requested judgment against ex solely, and provided all documentation. The court found him in default and then signed a Final Judgment against him, only. However, I received a notice of a hearing for Summary Judgment. My question is, can they find against me in the same case after already finding against him for the full amount?
1 Answer from Attorneys
The short answer is yes. You are both legally responsible for the financial obligation. Even though he had to remove your name and never did, he likely would have had a difficult time removing your name from the financial obligation. He would have to refinance it to take it out of both of your names. Now you find yourself being sued because you are legally obligated to pay per the terms of the contract you originally signed. Whatever happened afterwards is meaningless to the relationship between the creditor and yourself. There will likely be a judgment entered against you. If you are held financially responsible - you can file a motion for contempt and a motion for relief based on his violation of the marital settlement agreement.
IT may be that the creditor only ends up collecting from him, even though they have a judgment against you. I have seen it happen before.
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