Legal Question in Credit and Debt Law in Idaho
cosigner being sued, not the primary signer
I got a divorce 5 yr's ago.During divorce my ex had our truck repo'd.In divorce he was given the truck &loan to pay.He refused to pay but everytime we went to court the judge asked about the loan & my ex said he knew it was his responcibility & he would pay it.The bank sold the loan.The company that bought the loan has contacted me twice I explained about the divorce papers & that my ex should be the primary & taken to court first.The company said "you pay your bills you are the one we are going after.I was told by the banks legal department that they couldnt take my ex to court because there is a law in idaho that after a vehicle is repo"d the bank has 180 days to file or they lose the chance to sue is this true?Please help me the siute is alot and i will have to file bankruptcy if this happens and my ex will have nothing happen to him & this is his bill.He's not filed bankrupcy and has good job.
1 Answer from Attorneys
Re: cosigner being sued, not the primary signer
You are stuck. To put it bluntly, you ex has s*****d you one more time. Your only chance here is to take your husband back to court and try to get the judge to give you some kind of wage garnishment to get the money to pay the holder of the promissory note.