Legal Question in Credit and Debt Law in Georgia

How should I handle this situation?

I am a soldier in the U.S. Army. I was in Iraq in 2007. I was also married at the time. My wife at the time did have a POA. While I was deployed she purchased a truck in my name. Then a few months later she defaulted on the payments and left with the truck and then the truck was repossessed. In our divorce it states she is legally responsible for this truck. The debt is hers. It is still being reported on my credit but not hers. So when I called the bank to get a copy of the contract she signed my name without showing the POA and without signing hers. So she is not on the contract. The bank does not have a copy of the POA the dealership never sent one to them. If they ever seen it. But on my POA it states that all business transacted hereunder for me or for my account be transacted in my name and that all endorsements and intruments executed by my attorney-in-fact for the purpose of carrying out the foregoing powers shall contain my name followed by that of my attorney-in-fact and the designation ''attorney-in-fact.'' So I'm basically wondering since her name was not signed and no POA was shown how I can have this removed from my name. She purchased the truck without my knowledge. I found out once I got home. What are my options?


Asked on 5/04/09, 8:20 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: How should I handle this situation?

Having not read the POA, no one can possibly tell you for sure. But there is no requirement to show a POA, so if it was valid, you owe the debt and it will be on your credit and no divorce could change that.

You may be able to sue her for contempt depending on the divorce decree language, although that type case can be costly.

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Answered on 5/04/09, 9:23 pm


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