Legal Question in Family Law in Oregon

What suit to file?

My girlfriend and her ex husband have a $2,000 Federal and a $590 state lien. This stems from a ATV that they won in 2005 and did not pay taxes on. We have went through all of the avenues about getting her name removed from the Tax liens but since she had knowledge of it she is liable. The ATV title is in his name, 1099 is only his name and divorce decree awarded him the bike. He has possesion of the ATV. He is a loser and will not pay these liens so it is going to fall in her lap. What sort of suit can we file? Is there anything where the courts would make him sell the bike to pay off the lien? I am afraid that if we go to small claims court and get a judgment for atleast half the lien it will never get paid as he lives with his parents and already has his checks garnished for child support. Any help would be greatly appreciated. Thanks again!


Asked on 2/26/08, 4:44 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: What suit to file?

Did the divorce decree award the ATV to husband? If so what did the divorce decree say, if anything, about liens and encumbrances attached to or arising from the ATV?

Generally, a well-drafted divorce decree would include language that says "Husband is awarded the ATV, specifically identified as VIN # ______, subject to any and all liens and encumbrances attached thereto or arising therefrom, for which husband shall be fully liable and for which he shall indemnify and hold wife harmless." [Or words to that effect.] Did the divorce decree your girlfriend's lawyer prepared not have language like that??

LDG

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

Read more
Answered on 2/27/08, 4:31 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon