While my husband and I were still married he took his vehicle (in which he was solely responsible for, my name was no way attached to it), to an auto repair place owned by someone I know personally (I was in a long term relationship with his brother). My husband and I split up and divorced and agreed all debts that occurred during the marriage in our names would be our problem. He never paid for the repairs to his vehicle and since it was erroneously filed under my name the owner is coming after me for the money.
This is not a question for a family law attorney.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
You may have two options.
If your judgment of divorce awarded the vehicle, and any associated debt, to your husband, and agreed he was to hold you harmless, you could file a motion for an order to show cause. This might cause him to pay the bill.
Alternatively, if the shopkeeper has sued you, you could file a counter complaint naming your ex-husband.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
You will probably need to retain an attorney to represent you if he sues you. In a court action you could file a third party complaint against your ex-husband if it is his debt. If you are named in a lawsuit you will have to defend, and not only assert an affirmative defense that it is not your debt but also add your ex-husband as a party if it is his debt. In the suit against your ex-husband you could ask that the court award you the costs you have incurred in defending and in suing your ex-husband. Austin Hirschhorn
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