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How do I sue my ex wife for credit damages?
My ex wife in the divorce was supposed to be responsible for taking care of her car payments and all other things that come with the vehicle on a vehicle that's financed under my name. She signed and notarized all documents from my lawyer that was needed and was signed by the divorce court judge as well. She quit paying the insurance and car payments the next month after separating though. The DMV suspended my driver's license since the vehicle was financed under my name and there was no insurance on the car. Then the car was repossessed leaving me with a repossession and $11,500 hit on my credit report. I cannot afford a lawyer my divorce lawyer tapped me out just doing the initial paperwork since my ex wife kept needing changes to the settlement. Where do I go from here? I can't just dispute the issue on my credit statement because the loan was originally in my name. I fixed everything with the DMV after giving them copies of PSA she signed with the vehicle. But I really need some advice on fixing the repossession and debt that came with it.
1 Answer
- evilattorneyLv 71 decade agoFavorite Answer
You actually can't "fix" the repo and the debt. It was in your name. What should have been done in the divorce was to order your ex to refinance the car in her name. That wasn't done and the order of the divorce court for her to pay the payments does not override your contractual obligation under the loan agreement. As far as I'm concerned, your divorce lawyer screwed up - most divorce lawyers do where marital debt is concerned.
There's really not a heck of a lot you can do at this point apart from providing an explanation to the repossession to the credit reporting agencies. Suing your wife for contempt of court is not realistic since it's probably not going to result in a decent payout and it's not a DIY lawsuit.
Source(s): 20+ years practicing law