need some advise

[dedestein]

I have a bank loan tha i borrowed while i was living with my ex( 7 years) The loan has my name on it and his , his cars are colateral. I left and paid on the laon for 2 years I am wanting to take him to court for half the loan ($6,500.00). I know i would go through small claims court for this the state allows up to $8,000.00. My only concern is the only source of income he has is SSI , I know he is settling with an insurance company soon for a large amount of money(car accident ). Would a judge file a judgement on him knowing this or basically tell me he has no money to go after.

Please help....

 

[JETX]

A judge won't tell you anything about how to collect or from what funds.... that is your job. The court will only hear the facts of the case and, if you are successful in proving your damages and by him, award you with a judgment (hopefully).

Then, it will become your task to try to get him to collect. His SSI funds are exempt from seizure (in most, if not all, states). And if he were about to collect an insurance claim, you would have to garnish or 'turnover' on that claim before it got to him. If not, then you might consider garnishment of the claim after paid, but you would have to find where the money is.