MY Situation is that my ex wife was responsible for a vehicle stated in the divorce decree as hers. she failed to removed my name from the car and she stopped making payments and she voluntary repo the car. but the debt she created still stands $5750.04. when i first found out about the issue i tried to contact her to get it resolve because it ruined my credit. it is going on 5 years now and nothing has changed i now have debt collectors calling me for the amount owed on a debt that was no longer my responsibility because the divorce decrees stated she was solely responsible for every thing to do with that vehicle. she didn't obey the order and ruined my credit What actions can i take. the order is from Georgia. i currently live in Ohio and she lives in Michigan
If your decree actually said she had to remove your name from a loan, that was NEVER possible absent more wording. Hopefully your attorney worded it to at least say she needed to refinance it in her name and hold you harmless. In that case you could get a lawyer where she is, register the decree there and seek to do a contempt there. Note that a possible defense to contempt is an inability to comply, and if she lacks any money now, you may chase good money after bad, so it's no slam dunk. But it is worth seeing a Michigan lawyer to evaluate the cost and potential for success.
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I agree with Mr. Ashman. Take your divorce decree, settlement agreement, etc. to a Michigan attorney to see if the particular wording gives you grounds to file for contempt. Further, evaluate her situation as best you can. If she has no money, you could be wasting your time and money. (On the other hand, if she does have money, there is a good chance a judge would order her to repay your attorney fees along with the paying the debt). Finally, you might consider negotiating with the creditor or debt collector. As frustrating as it is to "let her get away with it", it may make more sense monetarily to just pay them off and be done with it.
You can hire counsel in Michigan, and a lawsuit must be filed up there to domesticate your divorce decree from Georgia, and to hold her in contempt for noncompliance with the order. You need to get a certified copy of your divorce decree and agreement to send to counsel in Michigan. If your ex is unemployed or insolvent, though, this will be a wasted effort to get her to pay this debt.
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