My question involves collection proceedings in the State of: SD
My divorce Decree (end of Aug 2006) states that I shall have financial responsibility of my (ex) husbands Dodge Neon... a month & 1/2 after the divorce he took possession of it (Beginning of Oct 2006). He said he wanted to use it to trade in for a PT Cruiser and refused to pay child support in order to get his way, which left me little choice as I saw it at the time.
It turned out that he didn't trade it in and ended up four or five months later voluntarily having it repossessed. A few months ago I had a discussion with him about the fact that we never had anything signed stating he was taking over financial responsibility and he said it would be no problem and that he hadn't heard anything from the citi financial people anyway so he assumed he owed nothing on it.....
well "other" problems came up between then and now (temp custody mod due to his drug use)... & many threats later of his intent to make my life a living hell and big surprise I get a call from citi financial saying that he had faxed over our divorce decree, told them he never had the car, lied about where he worked to cover his own arse... and led them to believe I was "well off".
I have talked to citi financial a couple of times... (them calling me)... and I have corrected his false information about him not having the vehicle and also about me owning land/property.... I understand that the divorce decree names me as responsible party..
however the little bit I talked to my lawyer about it (I only want to pay for what he was hired for right now... custody/visitation mod) he did say that because we never had the vehicle refinanced that both him and I are liable for the debt, him being named on the loan and me being named in our decree.
My questions are:
Can citi financial seek payment from both of us or either as they choose?
Would taking my ex to small claims and providing proof that he took possession about a month after the decree help or accomplish much?
Is there much hope in not getting stuck with the costs of him allowing the car to be reposed?

