Legal Question in Credit and Debt Law in Texas

Do contracts supercede court orders?

I was married for 3 years, but was able to have the marriage anulled by proving my spouse committed fraud. The decree awarded my ex-husband a leased vehicle (the lease was in both names) and stated he was financially resposible for the vehicle.

After the annulment my ex-husband filed for bankruptcy but was denied. The vehicle was reposessed (without my knowledge) and I am now being contacted by the lease company (2 years later) for the debt due on the reposessed vehicle. Am I responsible for this if my decree says otherwise? The lease company told me the original lease contract supercedes my annulment decree. Also, because bankruptcy was filed, I was never contacted by the lease company regarding non-payment. What can I do?


Asked on 4/30/03, 3:16 pm

2 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Do contracts supercede court orders?

Assuming you were a party to the lease and the financing arrangement, you are unfortunately responsible for the debt. Even where a joint debt has been assigned to one party through a dissolution proceeding, the other party remains liable to the creditor.

That having been said, you have the right to collect whatever damages the other party has caused by failing to pay the debt. You should immediately contact an attorney to help you with this situation.

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Answered on 4/30/03, 3:31 pm
Basil Hoyl Law office of Basil Hoyl

Re: Do contracts supercede court orders?

Texas and California must be similar because Mr. Hoffman's answer holds for Texas.

http://www.reasonable-doubt.com

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Answered on 4/30/03, 5:53 pm


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