Legal Question in Credit and Debt Law in Texas

Judgement on Debt, after a divorce re-allowcates property

I had a business where some equipment was bought under my wife's name( now divorced). The equipment went into collections and a law suite was filed against my ex-wife. Judgement was passed against her and in favor of the lendor. My ex-wife was summonced to appear somewhere out of state, and was unable to attend. Prior to the judgement in the divorce decree I assumed responcability for payment of the equipment. Due to the judgement the lendor is now theatening to freeze her banking account.*First Question, Would the divorce decree superseed the judgement against her since the divorce decree transfered that debt to me. In addition to the this the lendor had told me to volunteerally return the equipment. Now in her case they are stating that should of never happened and she needs to get it back two years later. The dealer is unsure what happened to the equipment and is going to get back to me.


Asked on 3/05/03, 10:28 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Judgement on Debt, after a divorce re-allowcates property

The obligation was a community obligation. The creditor can look to either of you to satisfy the judgment. The divorce decree is strictly between you and your ex. The creditor didn't get involved in your divorce, and therefore isn't bound by your agreement. It could not supercede the judgment.

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Answered on 3/05/03, 12:43 pm


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