Legal Question in Family Law in Texas

Court Orderdered Bill Not Being Paid

During our divorce hearing, my ex-husband and I divided our 2 vehicles with one going to each of us, but both vehicles are in my name as the primary account holder and he as the co-signer. The judge awarded him one of the vehicles with the understanding that he would make the monthly payments and keep the vehicle insured. Since that time I have traded in the vehicle that I was awarded so his name does not appear on my loan. The problem is he is not making the monthly payments as he is supposed to and it is going against my credit and the finance company is calling me at home and at work concerning the bill. I have explained that I do not have possession of the vehicle and that my ex-husband was awarded the vehicle but since my name is on the loan, they are still holding me accountable. I have asked him numerous times to try and get it refinanced but he refuses to even try and his credit is bad and is unable to. What can I do to get this out of my name so that I will stop getting harrasing phone calls from creditors and relieve myself of this debt?


Asked on 3/16/04, 5:05 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Court Orderdered Bill Not Being Paid

Take a deep breath since I only have bad news for you!

A court order does not relieve you of your obligation to this 3rd party creditor.

You signed paperwork promising to pay the finance company and no Judge can relieve you of this legal obligation.

You can pay the debt then sue your ex-husband for the money. It sounds like he has no money so if you win a judgment there might not be any thing that you can get to get reimbursed.

If the finance company repos the vehicle, if there is money owed, they will look to you for payment.

Sorry!

Fran Brochstein

www.familylaw4u.com

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Answered on 3/16/04, 6:58 pm


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