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Can I be sued for a repossessed vehicle residual fee from 4 years ago, I assumed was included in a bankruptcy by my ex-husband?

Atlanta, GA |

I was served a summons by the Magistrate Court of Fulton County yesterday regarding a new 2006 Ford Five Hundred vehicle that I assumed was included in a bankruptcy by my ex-husband (buyer). My husband and I separated in 2008 and eventually divorced in 2009, I continued to make payments until 2010 but I could no longer make payments because it was somehow tied up in my husband's bankruptcy proceedings. The only time I heard from the lender was fall of 2013 stating that I (co-buyer) still owed 2,500+ dollars, the amount left over from the auction sale of the car. I informed the lender at that time I assumed it was included in my ex-husband's bankruptcy and to contact the buyer, my ex-husband. My ex states today, he has NEVER been contacted by the lender regarding this matter. HELP!

Attorney Answers 3

Posted

Yep, you owe it (if you were on the loan). His bankruptcy does not help you. And if he filed bankruptcy, they cannot contact him. You need to see a lawyer as in yesterday. You are probnably going to lose the case and then be hit by garnishment, so you may need to look at bankruptcy. You may, depending on your divorce papers, have a potential contempt case against your ex, but that doesn't help you with the suit. Your lawyer in the divorce certainly warned you about the consequences if he didn't pay the car, so none of this should be a surprise.

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John Taylor Hopkins IV

John Taylor Hopkins IV

Posted

At least consult with a lawyer as there may be some defense, perhaps a statute of limitations defense depending on when the last payment you made was. Depending on what the divorce order states, you may have a claim against your ex.

Posted

Unfortunately, if you signed the sales contract as co-buyer, and you did not file bankruptcy, you are fully obligated for the residual (after-the-auction) deficiency. If they win they will likely garnish any money you have in your bank account, and/or garnish your paycheck up to 25% each pay period. The fact that your ex filed bankruptcy means that he is now free from the debt, but you are still obligated. I do not know your overall situation, but If you have a lot of other debt, you may wish to consider bankruptcy as well, which would get rid of this debt. Good luck.

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Posted

You may have valid defenses to this auto deficiency case. You need to consult with an experienced debt-defense attorney. You face your first court deadline thirty days from from when you were served with the court papers. Accordingly, you should act promptly.

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