Legal Question in Credit and Debt Law in Missouri
Car loan
My ex-wife and myself took out a car loan while we were married. Shortly thereafter we got divorced. In our divorce papers it states I'm the sole responsibility for that car. The car got repossessed shortly after our divorce in 2003. Now there is a creditor calling and stating we are both responsible for that car. I thought that since we have a court order stating I am the one solely responsible for the car, that would make me solely responsible to the collector. They state my ex-wife is also liable here. Are they correct?
2 Answers from Attorneys
Re: Car loan
They are correct, mostly.
The divorce determined the rights between you and your ex-wife, not between you and your creditors. Since the car loan company was not a party to your divorce, nothing invalidates their contract. If your ex-wife signed on the dotted line, legally she is liable as to them for the full amount.
If she is sued and pays the note, she has a right, based on the divorce, to seek indemnity from you for the amount she has to pay. So, in one respect, as between you and your ex, you are on the hook. But the car loan company can sue both of you, and it can collect from both of you until it's obligation is satisfied. That means that it could, potentially, wreck her credit and your credit at the same time.
Creditors go where the money is. If you ex has some money in the bank, they'll go after her, and let her chase you. It stinks, but it's the way these collectors work.
Good luck.
Re: Car loan
Yes, they are correct. The creditor was not a party in your divorce case and is not bound by your agreement or the divorce court's ruling that you pay for the car. If your ex does actually suffer any damages from your failing to take care of this, then she may have a cause of action against you.