LoverGS5 said:
I have been divorced in CA, for going on 3 years. In the settlement my wife was awarded our car, and ordered to continue to make the payments. I got a call yesturday from the creditor saying that it was repossed and I owe them $8,000.00. She was ordered to make the payments and she was given the car, how do I get her to pay for this, since this is now her debt, not mine?
My response:
First, you need to understand something about contracts.
The debt is still yours, pursuant to the vehicle contract you signed. The "settlement agreement" signed by the court is only between you and your ex, and the dealership is not a party to that agreement; i.e., the court's ruling cannot, and does not, change the terms and conditions of the vehicle contract you signed. Therefore, according to the dealership, you're still on the hook - - and, they are correct.
Now, since you are being held responsible for the vehicle contract, and the court ordered that she should be paying for the car, she is now in "Contempt of Court" - - which is Criminal in nature.
You need to take her back into court on an "Order to Show Cause Re: Contempt of Court" and let the judge deal with her - - e.g., find out why she failed to obey the court orders, and then the court will levy a Fine against her or, could even order her into Jail. Not having the money is no excuse. The court will give her one, final, chance to pay for the car, and order her to pay for your attorney fees and costs to bring her back into court.
Unfortunately, in the meantime, you're going to have to start paying for the car yourself - - otherwise, the collection agency, or whomever owns the contract, will sue you for the balance owed, plus attorney's fees, costs of collection, and interest.
Good luck to you.
IAAL
