Legal Question in Credit and Debt Law in Minnesota
10 year debt collection
My ex-husband and I bought a car 10 years ago together. However the car was repossed. He was the owner of the car and I was the co borrower. Is it true that they can garnish my wages even though he was the owner and he kept the car after the divorce????
2 Answers from Attorneys
Re: 10 year debt collection
Of Course- unless your divorce decree mandated a different outcome.
How were debts ordered in Judgment and Decree?
Did the auto lender get a judgment against you?
What is amount due?
Re: 10 year debt collection
It does not matter what your divorce decree states. It is only enforceable between you and your spouse. The creditor has remedies based on contract law. Since the creditor was not a party to the divorce, they are not bound by its terms.
As a result, if you were a co-debtor on teh loan against the vehicle, any default would affect your credit and the lender could seek repayment of the debt from you by suing in court and seeking garnishments once a Judgement has been acquired.
Your divorce decree may provide you a remedy against your ex spouse, however, if he was obligated on the debt pursuant to that decree.
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