Legal Question in Credit and Debt Law in Texas
Repossession
My husband was divorced 2 years ago and in his divorce decree it states that ''The wife is ordered and decreed to pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmeless from any failure to so discharge, these items:
The balance due, including principal, interest, and all other charges, on the promissory note payable to *********** and given as part of the purchase price of and secured by a lien on the ******* vehicle awarded to the wife.''
Hi ex-wife let the car get repossessed and now the collection agency is coming after my husband and trying to garnish his wages to collect this debt because the vehicle was bought in his name. Is he responsible for this debt? If not, how can we stop the harrassment by this collection agency?
Thank you.
1 Answer from Attorneys
Re: Repossession
Your husband is responsible for the debt. The only thing he could do, for what it's worth, is to sue his ex for violating the court's order in the divorce decree.
He might send a copy of his decree to the collection agency and hope they'll go after the ex instead, but I wouldn't bank on it.