Legal Question in Family Law in Georgia

I have recently gone though a Divorce, and currently in Bankruptcy. My Ex- husband recived the 2006 truck and full responisbility. Since then the truck was repossed and creditor is calling harrasing me about the payments.

What do I do to get the creditors to leave me alone?

Am I able to file a Harrasement charge agaist Ex husband due to the creditors?


Asked on 10/06/09, 11:18 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If you were a borrower on the truck loan, the divorce judgment will not relieve you of that responsibility. The lender was not a party to the divorce so your ex-husband only had "full responsibility" between the two of you -- not between you and the lender. Thus, the creditor will look to you to pay the debt.

However, as you say you are in bankruptcy, there may be other ways to stop the creditor and you need to first discuss this with your bankruptcy lawyer.

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Answered on 10/11/09, 11:31 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As I am sure your divorce lawyer told you, you still owed on teh truck no matter what your divorce papers said. While you had a right to pursue him if the creditor pursued you, the bankruptcy has now rendered that right pretty meaningless.

As I am sure your bankruptcy lawyer told you, all your debts had to be listed so hopefully you still listed the truck (if you did not call him immediately so you can amend your case, which will cost you additional money). It would be contempt for the creditor to contact you once you filed, so tell your bankruptcy lawyer and he will stop them from calling you or tell you what to do to stop them (uusally give them a copy of your notice, which, if you properly listed them, they already should have)..

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Answered on 10/11/09, 12:16 pm


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