Is a divorce decree stating non-liability on a loan enough to fight collection of that loan?

The opposing party is stated to have liability and is not permitted to file bankruptcy. The bank is trying to collect from me regardless of the divorce decree. The property was taken from my possession before being repossessed by my ex husband. The bank assured me they would seek the amount from him and did not allow me to keep the camper and make payments. In my divorce it states that he is responsible for that debt but they are now trying to collect from me. What can I do?

Asked on June 8, 2012 under Bankruptcy Law, Utah

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your liability still contractually exists with the lender for the camper, regardless of what the divorce decree states. You will be required to seek contribution from your divorced spouse and amend the tradelines with the credit reporting agencies post judgment. Talk to your divorce counsel if necessary.


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