Legal Question in Credit and Debt Law in Nevada
Divorce collection
In September of 200 my divorce was granted. My ex-husband was given a 2000 Saab in the decree. I have looked at the decree , but it state that he was given a 1993 Saab. This is a typo that I didn't notice. Is this a major problem? I was given the house. I was unable to keep the house and signed it over to my exhusband. He has since sold this house for a nice profit. He didn't make one payment on the above car and let it be repossessed. The collection agency (Novell) has been contacting me becuase I was a co-signer on the original lease. They want the residual of $14421.62 or they will take further legal action against me. They have tried to contact my exhusband, but becuase he hangs up on them they contact me. What can I do? Why does a divorce decree not help me? Is it because of the typo? I am tired of after five years of having this still be a problem.
1 Answer from Attorneys
Re: Divorce collection
When was the last payment on the car made? There is a four year statute of limitations on an account for goods sold and delivered. The statute starts each time a payment is made so you do not want to make a payment now or the 4 year statute will start to run again. If it is more than four years since a payment was made and a debt collector is now calling you, there is a violation of the Fair Debt Collection Practice Act and you need to contact an attorney.
The divorce decree is not binding on creditors who were not parties to it. That is why the divorce decree does not protect you when you are a co-signer on a credit account. Do you have the copy of the car contract? Are you sure you signed the installment contract? Your only remedy would be in divorce court against your ex and I am not sure what that would be since I do not practice family law. If he doesn't have the money, you are wasting your time and money trying to get anything from him in divorce court.
The year of the car in the decree is a clerical error and has nothing to do with a debt collector now contacting you.
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