Third party collection agency

[graybeard1952]

What is the name of your state? Texas.
In 2000 my then wife and I purchased a car and co-signed the note. In 2001 I filed for divorce, during the proceedings it was ordered that she keep the car in question and I kept mine, because the VIN was unavailable at the time, the temporary orders stated that she is awarded the vehicle “in her procession”. Prior to the final decree, the car was reposed, and so at auction for a third of the balance owed. The original lender attempted to collect the balance and eventually “charged off” the debt.
Since then a debt collection agency has been attempting to collect this debt.
My question is; can this outside agency take me to court for this debt, and if so, could I use the statement in the temporary orders as any defense. I did call the original lender and asked to be removed from the note but was told that both parties need to initiate that action. She would not cooperate.
Can I ask the third party collection agency to discontinue calling me and if so, what action can they take?

 

[seniorjudge]

Q: My question is; can this outside agency take me to court for this debt, and if so, could I use the statement in the temporary orders as any defense.

A: Yes and no. You signed the note and therefore you are liable; the debtor was not a party to your lawsuit and is therefore not bound by the judgment in it.

 

[Ozark_Sophist]

You can negotiate a payoff of the debt and turn around and sue ex for half (car repoed before final decree, so it was still half yours).