Getting stuck paying the bill

[voodooknight]

What is the name of your state? New Jersey

I'm very confused here. My x-wife and i had a car, she had an accident in the car. The car was totaled by the insurance co. There was a balance due on the loan. Now the lender is coming after me and she walked away scot-free not paying a dime. They are also threatening wage garnishment.

My question is...can I sue her in small claims court to at least cover half the bill. We were married at the time we owned the car. The amount owed was approx. $2400.00 and i've paid all but about $750.00. I dont feel i should have to get stuck paying the whole thing, after all we were married at the time and the car was used by both of us.

Can anybody help??????????

 

[BL]

Maybe for 1/2 you can. I take it a new car is in it's place .

 

[voodooknight]

Yes, but well after the divorce. This vehicle I own now did not involve her at all. I read a couple of years ago that when married, the two party's are responsible 50/50 for all liabilities as well as all assets. If this still holds true, then I just want her to pay for her half just as i've always taken care of my responsibilities while we were married.

It's not fair what the juducial system is doing with cases like mine. Automatically the woman gets all and the man is wrong and ends up with nothing...not even a chance to defend himself...NO OFFENSE.

I just want her to take care of her responsibilities as well as I do. Not walk away leaving me holding the bag and her thinking that she only has to worry about herself.

The way I see it, she helped me make the bill, she should help me pay it.

 

[BL]

What I was trying to ask, was the car that was totaled replaced ?

If so, who had possession of the replacement car ?

If not , who received the the amount from the insurance Co., for what the totaled car was worth ?

If not , and an amount was pd. by the Ins. Co. , why wasn't the Bal. for the totaled car pd. from that amount ?

Yes , the car dealership, or loan Co. can go after Both of you , or one or the other.

Sue for 1/2 .

 

[voodooknight]

The car was declared totaled by the insurance Co. The only amount paid was for the value of the car leaving a balance on the loan. This whole time we were married and needless to say we had to get our hands on a used car.

I started to pay the balance off in the amound of $100.00 a month and at the time we both were combining our incomes to pay all bills including this one. When she decided she wanted a divorce, she made sure to walk out on any bills we had together. So because the loan balance was just in my name, she thought she had no responsibility to pay anything.

As far as I know, she is liable for at least half that being that we shared the car and the fact that she was my spouse. Not to mention the fact that both our names were on the original car loan when bought new.

She also won an award of $17000.00 from the insurance co. of the other driver who hit her in a settlement and even her lawyer tried to tell me that i wasnt entitled to a dime of it.

So, in essence she walked away scot-free and I have the bill to pay and thats why i need to go after her now to at least pay her half because I feel that she is just as responsible. I just want what i feel is fair. I would like to know if i stand a chance if i take her to small claims court.

 

[BL]

Small Claims Filing fees are very small amounts . Why not go down and file.

If you win ,so be it. If you lose,so be it .

 

[voodooknight]

Thanx for the help.

 

[racer72]

Before you do anything, was this bill assigned to anyone in your divorce decree?

 

[voodooknight]

No. In Fact no bills were assigned to anyone of us. The bills were just made as time went on in what i thought was going to be a lifetime marriage. The bills just came as bills do when a family does what it has to do to survive and make ends meet.

We had a loan in both our names for the car, the car was wrecked, and the balance on the original loan had to be paid in the form of a new loan. Which is the loan I am paying for.