Can I sue my ex?

What is the name of your state? Ca

Can I sue my ex for contempt? She failed to pay a loan that was allocated to her. If she declared bankruptcy, can I still sue? I don't know if she did, but she may have. Also, she is not working now, but she is re-married and her husband owns his own buisness. What effect will that have on my case?

Lost and Confused.

of course, you can sue anyone, for anything. What kind of loan, what does "allocated" mean? Her being remarried probably has very little if anything to do with your case.

fairisfair said:

of course, you can sue anyone, for anything. What kind of loan, what does "allocated" mean? Her being remarried probably has very little if anything to do with your case.

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That may not be accurate. If she included him as a creditor in her bankruptcy he would not be able to sue. However, if that was the case he would know for sure whether or not she filed for bankruptcy.

Contempt of court is probably the route he needs to take.

LdiJ said:

That may not be accurate. If she included him as a creditor in her bankruptcy he would not be able to sue. However, if that was the case he would know for sure whether or not she filed for bankruptcy.

Contempt of court is probably the route he needs to take.

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true, actually I didn't even get that far, because we don't know know what kind of loan he is talking about, or what he means by allocated, I would assume that he would have been notified during her bankruptcy proceedings if he was listed as a creditor, but then again, is this a loan from him? Just thought I would start out with a couple of questions and then go from there. And he could still sue, he just would not win, and probably would not be heard.

Sorry. This was a car loan she allocated in the divorce. Apparently, the car was repossessed but there is still a debt of 13K that needs to be paid.

fairisfair said:

true, actually I didn't even get that far, because we don't know know what kind of loan he is talking about, or what he means by allocated, I would assume that he would have been notified during her bankruptcy proceedings if he was listed as a creditor, but then again, is this a loan from him? Just thought I would start out with a couple of questions and then go from there. And he could still sue, he just would not win, and probably would not be heard.

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It wouldn't matter if it was a loan from him, or a joint debt, or a debt in his name that she was required to pay. She would still be able to list him as a creditor (for that loan or any other marital debt) in her bankruptcy.

Again however, that means that he SHOULD have known if she filed bankruptcy, assuming that she had a current address for him.

However, if she didn't have a really good bankruptcy attorney, she might not have listed him, in which case he wouldn't know about the bankruptcy and would also still be free to file a suit against her.

Carter Jean said:

Sorry. This was a car loan she allocated in the divorce. Apparently, the car was repossessed but there is still a debt of 13K that needs to be paid.

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Your biggest problem is that the loan company was not a party to your divorce, and is totally within their rights to enforce the original loan agreement and go after you....and within their rights to ding your credit.

Unless she has the 13k, or a way to borrow the 13k, then the loan company will continue to go after you....whether you can sue her or not. It doesn't matter what kind of money her husband may have, because he is not a party to any of this.