Is a divorce decree stating non-liability on a loan enough to fight collection of that loan?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.