Legal Question in Credit and Debt Law in Georgia

I am in the process of getting a divorce. My (ex) husband rented a car for several months. The car was in my name because he does not have a credit card, but agreed to pay for the car. At the end of each 30 day period, we took the car in and paid it out. The car was approx. $1,000 per month. Two of his checks cleared, two did not. He wrote the checks from his own personal bank account. The balance due now is just over $2,000. My question is whose debt is this? Can he be held responsible?


Asked on 9/09/11, 12:11 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you signed the car rental contract, they expect you to pay and will pursue you.

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Answered on 9/09/11, 12:26 pm
Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

You can hold him responsible by filing a lawsuit to recover the $2,000.00.

Talk to your divorce attorney about this. (You do have a divorce attorney right?)

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Answered on 9/09/11, 1:00 pm

As between you and the credit card or car rental company, you owe the bill if your name is on the contract.

Since you are not divorced, I hope that you have requested equitable distribution. I don't know what other assets and debts you have, but you should get him held responsible for this debt in any divorce decree or agreement. This should not be considered a "marital" debt (it presumably was incurred during the marriage but it was incurred solely for your husband's benefit, not the benefit of the marriage). If he does not pay, talk to your divorce attorney as to possible remedies. If you do not have a divorce attorney, get one. Or at least pay a family law attorney for 30-60 minutes of his/her time to review the options with you.

For $2,000, he could have bought a used car.

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Answered on 9/09/11, 9:12 pm


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