Wages Garnished against judges ruling

[Jeffesmi]

Maryland.

I'm not sure if this is the right place to post this or not. My oldest daughter got a divorce in 2014 because her husband started using drugs to the point that she had to sleep with her purse so their cash didn't disappear. In the divorce, one car that had quite a bit left due on it was ??assigned?? to her husband as his responsibility and the other car they had was ??assigned?? to my daughter as her responsibility. She dealt with her vehicle, but apparently, he did not deal with his as the bank has put a garnishment on her pay. She hired a lawyer, but now the bank has become hostile and where they were seeking a partial collection, they are now insisting on the entire collection. I'm confused and have some questions as I would like to help her out but this makes no sense to me:

1) When a judge rules in a divorce a division of property, how does the bank have a right to overturn that and garnish her wages?
2) How does the bank have a right to make an offer and then take it away "because/when" a lawyer tries to negotiate a better deal?
3) What can she do and what resources are available?

Since the divorce in 2014, she got married and now has a new husband and a 1 year old baby and this foolishness is preventing them from doing any saving towards a home. Please let me know if there is anything she can do and or any additional information that will help that I can get from her.

Thanks

 

[quincy]

Maryland.

I'm not sure if this is the right place to post this or not. My oldest daughter got a divorce in 2014 because her husband started using drugs to the point that she had to sleep with her purse so their cash didn't disappear. In the divorce, one car that had quite a bit left due on it was ??assigned?? to her husband as his responsibility and the other car they had was ??assigned?? to my daughter as her responsibility. She dealt with her vehicle, but apparently, he did not deal with his as the bank has put a garnishment on her pay. She hired a lawyer, but now the bank has become hostile and where they were seeking a partial collection, they are now insisting on the entire collection. I'm confused and have some questions as I would like to help her out but this makes no sense to me:

1) When a judge rules in a divorce a division of property, how does the bank have a right to overturn that and garnish her wages?
2) How does the bank have a right to make an offer and then take it away "because/when" a lawyer tries to negotiate a better deal?
3) What can she do and what resources are available?

Since the divorce in 2014, she got married and now has a new husband and a 1 year old baby and this foolishness is preventing them from doing any saving towards a home. Please let me know if there is anything she can do and or any additional information that will help that I can get from her.

Thanks

If during the marriage your daughter and her (now-ex) husband signed a loan (either in your daughter's name or in both of their names), your daughter remained responsible for the loan payments even if the divorce order assigned rights in the car to her ex.

The divorce order did nothing to change the terms of the loan with the bank (and cannot do anything to change the terms of the loan). Your daughter and her ex would have needed to transfer the loan out of her name and into his. This is often done with loans after a divorce through their refinancing - but a bank must approve the refinancing and the single party would have to qualify for the loan on his/her own. A bank does not have to approve a change to the loan terms.

This holds true for any loans or debts your daughter and her ex became jointly responsible for during the course of their marriage (mortgage loans, personal loans, credit cards, car loans).

What your daughter can do now is pay off the car debt in full (plus all accumulated fees and costs incurred as a result of her ex's failure to pay on the car). Then she can sue her ex for that amount, based on the court order that made him responsible for the car payments.

 

[Jeffesmi]

Sadly she had to do plan c

If during the marriage your daughter and her (now-ex) husband signed a loan (either in your daughter's name or in both of their names), your daughter remained responsible for the loan payments even if the divorce order assigned rights in the car to her ex.

The divorce order did nothing to change the terms of the loan with the bank (and cannot do anything to change the terms of the loan). Your daughter and her ex would have needed to transfer the loan out of her name and into his. This is often done with loans after a divorce through their refinancing - but a bank must approve the refinancing and the single party would have to qualify for the loan on his/her own. A bank does not have to approve a change to the loan terms.

This holds true for any loans or debts your daughter and her ex became jointly responsible for during the course of their marriage (mortgage loans, personal loans, credit cards, car loans).

What your daughter can do now is pay off the car debt in full (plus all accumulated fees and costs incurred as a result of her ex's failure to pay on the car). Then she can sue her ex for that amount, based on the court order that made him responsible for the car payments.

Thanks for the info. She ended up filing for bankruptcy as the debt put her in an untenable position.

Jeff