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I'm being sued over a car that my ex husband was supposed to take payments over for since he received the car in the divorce.

Tampa, FL |

My now, ex husband and I bought a car in 2006 when we were married. I was the buyer and he was co buyer. Then we were divorced November 2007 and the car was put in the divorce decree to be given to him and that he would take over payments etc. He then got the car repossessed in July 2009. I was just served with papers that I am being sued for the $2500 left on the account. Is there a statue of limitation on when they can sue me? And shouldn't he be the one to be sued over this since it was left to him in the divorce decree?

Attorney Answers 3

Posted

Even if stated in the Final Judgment of Dissolution of Marriage that he was responsible for the car loan, the lender can still legally come after both you and your husband if it isn't paid.

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Posted

The finance company will still be able to come after you directly, if you are the person to whom they granted credit and who signed the promissory note. You should speak with a Civil Debt Collection attorney as to your rights in defending against such a claim and the Statute of Limitations for them to bring the claim.

From the Family Law attorney standpoint, the important thing is whether or not the agreement/Final Judgment required your ex to "indemnify" you from the debt and/or to "hold you harmless" from same - because then you may be able to file a Motion for Enforcement in the Family Law case AND to bring a Cross-claim against him in the civil case (when the creditor sues you) - to have him pay the debt & your costs of defending yourself in the civil debt collection action.

The answer provided is a general answer to a general question - and should NOT be construed as my giving specific legal advice, nor does it create any attorney/client relationship or expectation of privilege - and should you have specific questions you seek to address, then I encourage you to seek a consultation with an experienced Family Law Attorney in your area who may discuss your case with you and give you specific advice to assist you.

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Posted

You should review your marriage settlement agreement (MSA) for an indemnification clause regarding the car. The debtor doesn't have to honor the MSA but you can go after your ex-husband and he can be responsible for all attorney or court fees for causing you to do so. Take your MSA and all other documents to an attorney for review. Good luck.

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