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  1. #1
    Join Date
    Jul 2008
    Posts
    3

    Default Divorce Decree States Responsibility

    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?

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Divorce Decree States Responsibility

    Can citi financial seek payment from both of us or either as they choose? yes, the divorce decree is not binding on the creditor, or any contract that you may have had with them.

    Would taking my ex to small claims and providing proof that he took possession about a month after the decree help or accomplish much? You would still be on the hook with Citi if you win against him in small claims, but you would have a judgment against him that you could enforce to get your money from him.

    Is there much hope in not getting stuck with the costs of him allowing the car to be reposed? If the finance agreement has both your names on it, Citi still has the right to come after either or both of you to get their money.

  3. #3
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Divorce Decree States Responsibility

    Thank you divemedic, I was thinking that was the way it was because my lawyer pretty much said so.

    I am thinking at this point when citi financial calls back I will find out whether or not they plan on seeking repayment from me, if they are then I will take him to court to at least try and win a judgement that might get me repaid from him in the future.

    Thanks again!

  4. #4
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Divorce Decree States Responsibility

    Update:

    The collector has informed me that they are going after my ex and not me.
    That him being on the original agreement trumps the divorce decree ... even if I had kept the car.

    I guess good news for me, too bad he doesn't want to take them up on their offer though.. they have cut by more then half.
    Oh well.

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