small claims

[kboddy]

I live in Indiana and I am being suied for a loan that my ex-husband and I signed several years ago against a truck that was in both of our names, the money was used to pay attorney fees because of d.w.i`s that he had gotten, in our divorce he and I was to divide the bills and he was to pay child support, well he didnt pay anything and now im being sued for the total amount due on the loan, since it states in my divorce that im to pay half of the bills , will I still have to pay the total amount? I go to court in 2 weeks , so any help about this manner would be appreciated.

 

[I AM ALWAYS LIABLE]

I live in Indiana and I am being suied for a loan that my ex-husband and I signed several years ago against a truck that was in both of our names, the money was used to pay attorney fees because of d.w.i`s that he had gotten, in our divorce he and I was to divide the bills and he was to pay child support, well he didnt pay anything and now im being sued for the total amount due on the loan, since it states in my divorce that im to pay half of the bills , will I still have to pay the total amount? I go to court in 2 weeks , so any help about this manner would be appreciated.

My response:

Your divorce decree is not binding on the creditor. That's only between you and your exhusband. You need to immediately file and serve a Cross-Complaint on your ex to compel him to appear in court with you as a new defendant. In the Cross-Complaint, you will now be suing him for Breach of Contract for his share of the debt being owed to the creditor.

IAAL