Legal Question in Family Law in North Carolina
How do I put a number to what my credit is worth?
My ex-wife according to our separation agreement was responsible for a car loan that was in my my name alone. She did not make the payments and the truck has been repo'd. Now I intend to sue her but not sure where to get a figure as to what the damage is to my credit since I have no way of knowing what I'll need to borrow money for in the next 7 years. I was planning on a few purchases in the next year or so but looks like I will not be able to do that.
1 Answer from Attorneys
You should have acted long before now. As between you and the car loan company, you were responsible for the car loan if you were a co-borrower or co-signer regardless of what the separation agreement said.
That said, did you settle the deficiency owed on the car? If so, your damages are not the damages to your credit but the amount that you paid the car company.
You have a duty to mitigate your damages and you have not done that here.
Also, I don't know what else is on your credit. For example, if you had bad credit already, then your ex-wife defaulting probably is not going to make it much worse. If you had othewise pristine credit, then the damages would be calculated as follows:
a mortgage or other type of loan for someone with pristine credit would have entitled you to get a loan at a certain interest rate. Because of this repo on your credit, you now can only get a loan at a higher interest rate. Your damages are the difference between the higher interest rate and the lower interest rate. You apply that to the principal over the life of the loan to figure out how much extra you have to pay because of your ex-wife's screw up, That is your damages.