Legal Question in Family Law in Indiana
My ex husband and I just divorced in Sept. 09. It states in our decree that he has 90 days to find another co signer for his truck that I co signed for. Its past the 90 days and he has yet to find another co signer. He has made several late payments ruining my credit and the bank has even called me harrassing me about the money. I do understand that as a co signer I am responsible. Is there really anything the judge could do to get this out of my name?? Or am I pretty much screwed??
2 Answers from Attorneys
You have a problem. If he has not made attempts to find a co-signer, you may be able to have him held in contempt. However, if he does not have money to pay for the truck, I doubt that he will have money to pay for a contempt penalty. You maight be able to get the court to order him to sell the truck. However, if more is owed than it is worth, that wont work. the other alternative is for you to take over the truck and make the payments if you ar able to afford to do so.
The judge can not change the rights of a third party creditor.
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