Legal Question in Family Law in Georgia
My ex-husband let a car get repossessed that we purchased during our marriage. The loan company repossessed it and sold it and then sent me a bill since my ex told them that he does not have money to pay and will not pay the balance. I dont have the money to pay for it as well and the company since has charged off the account leaving an ugly mark on my credit report and score. Our divorce decree gave him sole responsibility for the loan for that car. Is there anything i can do to get this off my credit report? I know we are both responsible for the car loan but whats the point of having it written in the divorce decree that im not responsible for it if it cant be awknowledged? Thanks again.
3 Answers from Attorneys
The creditor was not a party to your divorce decree, and from their perspective (and the correct legal perspective), you owed the money and they reported you to the credit bureau. To avoid this, the car should have sold, refinanced or paid off as part of the divorce.
I'm sure your lawyer in the divorce advised you of the risk in choosing not to sell, refinance or pay off the car. Your remedies now are to pay the loan or (if you are eligible) go bankrupt. You might also be able to sue your ex for contempt, but that is expensive and will not slow the creditor.
Unfortunately, you cannot get it off your credit report. However, you can take your ex to court for contempt. If the judge finds he is in contempt, he can order him to pay the car note. If you file it as soon as possible, you may be able to recover before the creditors sue.
Additionally, if you are sued, you may be able to bring your ex into the lawsuit.
(Licensed and practicing in the Atlanta Metro Area)
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