Small Claims Advice

[Lokipug]

I live in Texas and filed and settled a divorce 3 years ago. In the divorce my exhusband was left one of the vehicles. Three years later now he is defaulting on the loan of the vehicle. He never refinanced the vehicle so it is still in both of our names and it is SERIOUSLY affecting my credit. What is the best way to handle this. Is it even possible to take it to small claims court? If so What needs to be done to do this.

 

[marbol]

I live in Texas and filed and settled a divorce 3 years ago. In the divorce my exhusband was left one of the vehicles. Three years later now he is defaulting on the loan of the vehicle. He never refinanced the vehicle so it is still in both of our names and it is SERIOUSLY affecting my credit. What is the best way to handle this. Is it even possible to take it to small claims court? If so What needs to be done to do this.

In Texas you can only get actual monetary damages in Small Claims Court. You cannot sue someone for specific performance in Small Claims.

Maybe a lawyer here can answer, but you should probably be more specific in what exactly it is that you are suing for? Do you want to sue your ex to get him to pay? Sue the creditor and make him report the delinquencies in your husbands name only?

I am not a lawyer, but I really DO NOT believe that just because your husband was left a car in your divorce decree that it means that the debt now only belongs to your husband. Texas is a community property state and if you contracted with your creditor jointly to borrow money for the car, then you both still owe the balance - not just your husband. I don't believe a divorce can remove debt that you already signed for.