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  #1  
Old 04-03-2002, 09:04 PM
sheycoo
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Question

that dog wont hunt**************


in our divorce i was given one of our three cars.he was supposed to put it in my name within 10 days.he didnt do this because he says the bank wouldnt let him.the car was in his name only.i returned the car to him.he didnt pay the payments and the bank took the car.now 4 years later he is taking me to court for what he says is contempt.he says i still should have paid the payments.i didnt do this because i couldnt even drive it,license,or insure it.indiana court did order me to pay the payments but i thought that was if the car was put in my name within the 10 days.am i in trouble here???????
  #2  
Old 04-03-2002, 10:04 PM
Raven7695
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That is a crazy situation. Why didn't he sign the title over to you so you could get a loan in under your name?
  #3  
Old 04-03-2002, 10:11 PM
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sheycoo
Don't pack your nightie for jail just, yet. There is 'principle', the actual legal term escapes for the moment, put it is the "(something) of clean hands". In other words, if he is also in contempt of the same order, in this case by not transferring the title or going back to the judge and seeking a remedy for not being able to transfer the title, then he can not ask that you be found in contempt.
This may be the doctrine of clean hands; I still can't remember--someone jump in here and help us!
Anyway, stay calm for the moment--I think you can show he doesn't have 'clean hands'.
  #4  
Old 04-03-2002, 10:38 PM
sheycoo
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Unhappy

re:


he says that the bank wouldnt agree to put the car in my name because without him i didnt have enough credit history.we were married from age 19-to age 29 for me.everything was always in his name.now this has messed up his credit.he blames me.i would have paid all payments if i could have been the owner .i couldnt afford to pay for something that i couldnt drive.he should have made payments when he took the car back.he didnt because he thought it would be on me.(my butt),because of the divorce decree.im so worried about this!!!!i cant afford an attorney.
  #5  
Old 04-03-2002, 11:08 PM
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Join Date: Dec 2001
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stay calm--he knew the reasons, you did not; he didn't go back to the judge and tell the judge that he could not comply and needed another remedy--he is as much in contempt as you are. Stay calm. When you get 'the papers' charging you with contempt, go for a consultation with an attorney. verify the clean hands doctrine aspect, and file and answer, seeking a dismissal of the charges based on his being in contempt of the same issue.
again--stay calm.
  #6  
Old 04-03-2002, 11:17 PM
sheycoo
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re:


thanks for giving me some hope!!!!this is very upsetting!!!!!
i feel like im right in this,that things will be ok.but everyone must feel that way or there wouldnt be a need for a court room.i sure appreciate your reply!!!!!!!!!!this divorce stuff seems to never end! sheycoo
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