Can a collection agency come after me for a car/debt my ex got in the divorce?
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Can a collection agency come after me for a car/debt my ex got in the divorce?
I got divorced 3 years ago and my ex got the car that we had jointly purchased. Last week a collection agency called me stating the car was repossessed and sold at auction 6 months ago. The remaining balance is $8000 and they intend to ultimately garnish my wages for this money. I sent them the divorce papers showing she got the car/debt plus I’ve provided her address, employer and other info to help them pursue her. Can they sue/garnish me for her car?
Asked on June 2, 2011 under Bankruptcy Law, Nebraska
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately your divorce papers are not binding on the lender. You see, the lender made their agreement with you and your ex wife. And because that contract was binding on both of you, they can go after either of you to recoup the money. The lender was not a party to the divorce action between you and your ex wife so they are not bound by the agreement made. Sending them your divorce agreement means nothing to them and has no weight. What it can do, though, is allow you to sue your wife in turn for the money. Get some help here. There may be notice issues to discuss as well. Good luck.
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