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Am I responsible for my ex's ticket?

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boomersuper1980

Junior Member
What is the name of your state (only U.S. law)? IL

My ex-wife and I separated 8/2004 and the divorce was finalized 6/2006. Prior to separating, we purchased a new car that remained in her sole possession until it was "totaled". In our divorce agreement, my name was to be removed from the lease and any debts incurred on or after the date of our separation (8/04) were the responsibility of the individual party.

Recently, I received a letter stating that I am in collections for an unpaid ticket on this car from 2/2005 that is now $250. Am I responsible for payment of this ticket? I have the agreement that states otherwise, but is that enough to have the collection agency go after her for payment?
 


Zigner

Zigner

Senior Member, Non-Attorney
boomersuper1980 said:
What is the name of your state (only U.S. law)? IL

My ex-wife and I separated 8/2004 and the divorce was finalized 6/2006. Prior to separating, we purchased a new car that remained in her sole possession until it was "totaled". In our divorce agreement, my name was to be removed from the lease and any debts incurred on or after the date of our separation (8/04) were the responsibility of the individual party.

Recently, I received a letter stating that I am in collections for an unpaid ticket on this car from 2/2005 that is now $250. Am I responsible for payment of this ticket? I have the agreement that states otherwise, but is that enough to have the collection agency go after her for payment?
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Nope. But it IS enough for you to pay it and then YOU seek payment from her.
 
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boomersuper1980

Junior Member
Then what's the point of a lawyer draw up and signing a divorce agreement? I almost ended up filing for Chapter 7 b/c of her spending habit and I have to pay something else b/c of her?!

Now I would rather stab myself in the eye (repeatedly) then ever deal with her again, but if I were to take her to small claims court; would this divorce agreement hold her liable for payment of the ticket and could I also seek payment for the filing cost?
 
Zigner

Zigner

Senior Member, Non-Attorney
boomersuper1980 said:
Then what's the point of a lawyer draw up and signing a divorce agreement? I almost ended up filing for Chapter 7 b/c of her spending habit and I have to pay something else b/c of her?!

Now I would rather stab myself in the eye (repeatedly) then ever deal with her again, but if I were to take her to small claims court; would this divorce agreement hold her liable for payment of the ticket and could I also seek payment for the filing cost?
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Your divorce agreement binds you and your ex. The creditor(s) are NOT a party to your agreement.

You can RECOVER the amount you spend paying the ticket by suing in small claims court. When/if you win, your court costs will be included in the judgment.
 
S

strongbus

Member
OP the divorce agreement is between you and your ex only any third party places(ie the city that issue the ticket) are not party to this and can do what is needed to get thier money. In this case your name was on the title of the car so they went after you. Now the divorce agreement saids that your ex was to pay this and not you but again thats between you and ex not you and the place that issue the ticket.
 
M

mlane58

Senior Member
The OIP has two choices here.
1. Pay the ticket and take the ex to small claims court.
2. Stab themself in the eye (repeatedly) so they don't have to ever deal with the ex again.
 
M

mistoffolees

Senior Member
strongbus said:
OP the divorce agreement is between you and your ex only any third party places(ie the city that issue the ticket) are not party to this and can do what is needed to get thier money. In this case your name was on the title of the car so they went after you. Now the divorce agreement saids that your ex was to pay this and not you but again thats between you and ex not you and the place that issue the ticket.
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Note that when taking the ex back to court for contempt, ask her to be held in contempt not only for the cost of the ticket and court costs, check to be sure that ex has done everything else she was supposed to do.

For example, if the car were still being driven, you could ask for her to be held in contempt for leaving your name on the title.

You mentioned that she was supposed to remove your name from the lease. Did she do so? If not, get everything done at once.
 
LdiJ

LdiJ

Senior Member
boomersuper1980 said:
What is the name of your state (only U.S. law)? IL

My ex-wife and I separated 8/2004 and the divorce was finalized 6/2006. Prior to separating, we purchased a new car that remained in her sole possession until it was "totaled". In our divorce agreement, my name was to be removed from the lease and any debts incurred on or after the date of our separation (8/04) were the responsibility of the individual party.

Recently, I received a letter stating that I am in collections for an unpaid ticket on this car from 2/2005 that is now $250. Am I responsible for payment of this ticket? I have the agreement that states otherwise, but is that enough to have the collection agency go after her for payment?
Click to expand...
I agree with what everyone else has said so far, but I want to add something important that has been omitted so far.

IL is really tough about unpaid tickets. You could end up with problems on your DMV record if you don't get the ticket paid. A cousin of mine in Chicago went through several years of heck with the DMV over a similar situation.

Therefore, before you get really stubborn about not paying this, you might want to check your own DMV record to make sure its not showing up there...particularly if its a ticket that was issued to the car, rather than specifically to her (ie ticket issued due to a traffic cam or parking tickets).
 
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