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Divorce Decree - Vehicle Repo Deficiency Judgment

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ogikimchi

Junior Member
State: California

Background:
My ex-wife was ordered in a divorce decree to pay 80% of any deficiency judgment that may occur from a vehicle repossession. Both my ex-wife and I are on the loan.

Question:
1. How will the lender sue both of us in court?
2. Will we both be summoned to court?
3. If they DO sue us, will the lender sue me for 20% or will they sue me 50% and I'll have to get the remaining from my ex-wife?

Thanks in advance!

-Troubled
 


TigerD

Senior Member
State: California

Background:
My ex-wife was ordered in a divorce decree to pay 80% of any deficiency judgment that may occur from a vehicle repossession. Both my ex-wife and I are on the loan.

Question:
1. How will the lender sue both of us in court?
They will probably get an attorney and let him handle it.

2. Will we both be summoned to court?
Possibly

3. If they DO sue us, will the lender sue me for 20% or will they sue me 50% and I'll have to get the remaining from my ex-wife?
No, they will sue you for all of it and let you fight that out with your ex.

Unfortunately, your divorce is meaningless to creditors. You have another nasty fight coming.

DC
 

garrula lingua

Senior Member
As DC said,
Whichever one of you is the easiest to sue and collect from (has money & job), will be sued. They'll probably sue both of you in the same lawsuit, and collect from whichever one is easiest.

The only recourse of the person who had to pay the entire amount, is to take the other back to court to have the agreed percentage paid by the other spouse.
 

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