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How can I stop a judgment against me ?

Houma, LA |

1991 My husband and I bought a car . ( 9 yr . marriage ) I'm the co - signer . 1992 leagally separated . He totals car , ins . pays everything but 3 , 500 . 00 . 18 yrs later , I showed up for court . They say I owe 27 , 000 dollars , judge made me get paper work from bank for auto showing I still pay , and from mortgage for home . I talked to judge and their attorney , I have documents showing I am not responsible ( legally separated , copy his ticket paid and police report of his accident ) . I sent letters when separated . I pleaded to let me pay the principle ( not 22 yrs of interest ) , no one would listen . I have a moblehome and a small piece of land I worked hard for . I don't think its fair to keep after me and not consider principle payment . Can they take my home ? Maybe an attorney can ask them Why ?

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Attorney answers 1


I am assuming that you are still separated, but not divorced? If this is the case, and the car was purchased while you and your husband were married (assuming there was no prenuptial or matrimonial agreement between the two of you), the car is community property and you are both responsible for the car and any debts associated with it. Being separated in Louisiana does not terminate the community property regime until a judgment of divorce is entered by the court. Louisiana does not recognize "legal separation".

If you have had a judgment of divorced entered by the court, then the next step should have been to partition the community property. Again, I'm assuming this was not done.

I highly recommend you seek legal counsel immediately. This is more than a debt collection matter, particularly if you are still legally married (despite being separated). If you are still married certain things you and your husband have acquired since 1992 are community property and this can mean many problems for you.

Additionally, you signed as the co-signer for the car which makes you financially responsible for the vehicle. I cannot stress how important it is for you to seek legal counsel as soon as possible. Your legal dilemma has many facets and layers that will need to be handled by a Louisiana attorney.

Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.

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