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October 2011 Weddings

NWR: Being sued by creditor

So, T's ex-wife defaulted on her car loan.  They repo'd her car and sold it, and now there's an $8500 balance owing after the sale.
T sent the info to his lawyer, his lawyer told him not to even respond to any of the collection letters and not to answer their calls.
He got a summons yesterday, they are suing him for the money. 

His ex never legally changed her address, so I doubt she's even been served with the paperwork because she won't tell him where she lives.  All he knows is that she's in Florida.
I'm really scared that they're going to garnish his wages for a ridiculous amount. 

Has anyone gone through this?  I know it's deeply personal and you can private message me if you don't want to post in the open about it, but I'm really scared and don't know what to expect.  Is the judge going to order him to pay the full amount? 
I am sure his ex won't show up in court, so will she just get off scott free from this???  
BabyFruit Ticker

Re: NWR: Being sued by creditor

  • HinajHinaj member
    1000 Comments
    Is the car on his name too?  or was it decided who would get the car and its payment in the divorcce settlment? 
  • Sent pm. Not much if any advice though.
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  • edited July 2010
    His name is on the car too.  Their divorce decree specified she'd get the car and be responsible for it, but in the eyes of the law, a loan default supercedes the divorce decree, therefore he's technically legally liable for it. 
    The "hold harmless" clause in the divorce decree mandates that because she defaulted on her responsibility, he can sue her to get any money he has to pay out as a result of it...but, she is unemployed and works under the table as a freelance photographer, so on paper, she has no income.  if he has to pay and he sues her for that money, he may win the case, but he'll never see the money.  She won't pay up.  She's like that.  "Can't bleed a turnip" is what he says she always used to say. 
    I'm just scared he's going to be out whatever money the judge makes him pay, that's why I'm trying to see if anybody knows if they'll make him pay the full amount or if the judge may only make him pay half.
    BabyFruit Ticker
  • HinajHinaj member
    1000 Comments
    If that is the case, I don't think there is much he can do, apart from refinancing the car on his name only and taking it over and away from her.  But I think its kind of late for that.  Since his name is on as a co-signed, he will be considered responsible.  Def. check with your attorney to see if there are any options left open, but they won't garnish wages until the judge rules on it, so I would say try to make the hearing and see if he can work something with the company.  But its a pretty awful situation for both of you to be stuck in. 
  • I tried googling and I didn't find anything. Sorry.
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  • My FI currently works at a collections law firm....after giving him a quick rundown of your situation, he agrees that you may just be stuck.  You should contact the firm suing him, or else they may be able to get a default judgement in court and freeze his bank account or come and seize his property.  If you talk to the firm, maybe they can do something, but unfortunately he is probably stuck paying for this, especially if his ex doesn't have any money.  It would suck to find out one day that his accounts had been frozen, so I would watch out for that.  

    Please keep in mind that I am not a lawyer, and my FI doesn't know your whole situation, and we live in VA, so it may be different here than there.  I'm sorry to hear about a situation like this, I stupidly co-signed a loan for a car for one of my ex-boyfriends when I was younger, and he defaulted, and I started getting those collection calls.  Fortunately, it was a small loan, and the situation resolved relatively quickly, but my heart goes out to people who get caught up in bad financial places.  Good luck.  
  • I was going to say the same as H...if your SO's lawyer can't do anything or whatever, he might very well have to pay because his name is on it...

    Lesson to all: be careful with your finances and FI's/SO's...you never know.
  • If anyone's interested in the update, she's declaring bankruptcy right now, so theres zero chance he's ever going to be able to recoup the money from her.  He's just out $8500 and it's not fair.

    Please, please, please ladies-if anything ever happens with you and yours and you end up splitting up, get your name off of any loans for items he retains, or you WILL be held liable for them.  Hope nothing like this ever happens to anyone else.
    BabyFruit Ticker
  • erolliserollis member
    Sixth Anniversary 1000 Comments 25 Love Its Name Dropper
    edited July 2010
    I am so so sorry that this has happened to the both of you! All you can do is prepare for the worst and hope for the best. Good vibes are sent your way. You will be in my prayers.

    also pm
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  • I'm really sorry this happened to you guys, but as my Dad would say "It's a learning experience".  I'd suggest going through anything that pretains to that former marriage and make sure all the loose ends are tied up so you don't get another bad surprise.

    *hugs* to you both
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