Legal Question in Credit and Debt Law in Indiana
Ex defaulted on old loan
In my divorce 20 years ago, my ex was given a car and the
loan for that car was to be solely his responsibility to pay and I signed a quit claim deed. He defaulted a year
later. About 9 years later, I was contacted at my job a couple of times from the collection agency trying to get me to pay for this. I explained it was his responsibility, but
ended up having to pay the divorce attorney $100.00 to
answer this for me (to stop the harrassment on my job).Now,
11 years later, they send notice to my job that I have a court date to see about garnishing my wages. They somehow
had gotten a judgement (without my knowledge) 11 years ago.
The amount is now astonomical! What can I do? Am I liable?
1 Answer from Attorneys
Re: Ex defaulted on old loan
You were legally obligated on the loan no matter if your ex paid it or not. You can enforce the divorce decree against him whereby he was to hold you harmless (see your divoirce attorney), but the bank can still pursue you. Now, the other question is how long has it been since the last payment was made on this account. Generally, in Indiana, a creditor may only collect on a debt that is less than 10 yrs old. You should consult an attorney who handles debt collection matters to make sure of this. Also, what type of notice have you had from the law suit? You should move fast due to the law suit.
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