Legal Question in Family Law in Florida

lawsuit

My ex-husband filled a lawsuit against me for our van I got behind on the payments and he made a deal with the van to have it repossed from me and then he got it. He now has the vehicle and is sueing me for the money the balance of the van from two years ago and his lawyer fees I can barly pay my own bills I have three children and a single mom I was suppose to pay the van in the divorce but was unable do to no job for 2mths which is why I was behind and the bank had a deal with me that was borken by them


Asked on 10/08/08, 10:27 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: lawsuit

According to the divorce, you were supposed to pay for the van. You didn't. He gets to sue you now. End of story.

If your divorce agreement entitles him to attorneys' fees, he may win that, too.

I assume his name was on the van loan, too, so by failing to make the payments, you may have ruined his credit. Your being a single mom doesn't give you the right to ruin his credit. The law presumes you are going to do what you say you are going to do. You agreed to pay for the van. You didn't.

However, being a single mom may give you certain defenses to his being able to collect from you, and you should look into that. "Head of household" is one defense to collections that immediately comes to mind.

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Answered on 10/08/08, 11:19 am


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