Investment Retrievers Civil Case Because of Divorce Default? El Dorado Hills California

YOU NEED TO GET OFF THE COMPLAINT BOARDS. Very rarely will you find someone who can give you GOOD LEGAL ADVICE.


IF YOU REALLY TRULY WANT HELP - there are several websites that offer it FREE OF CHARGE! - but you have not bothered to look at all. Otherwise you would not be here on a complaint board.


IF YOU REALLY TRULY WANT HELP -
www.ftc.gov

another one is
www.budhibbs.com

The information you are looking for is out there on the internet - IF YOU ARE WILLING TO LOOK FOR IT!

Q: "Are these people serious? Or are they just blowing smoke?"

Good question. Let's first analyze the issue of whose debt this is. I FULLY understand your point about who assumed the car and the debt under the divorce decree. And I can certainly understand why you would think that the lender's sole recourse would be to come after you. After all, the court said this is your debt.

HOWEVER, even as it may sound like b.s., the lender is correct in asserting that the divorce decree does not modify their rights under the contract. They made a contract with your ex. There are only two judicial circumstances under which their right to go after your ex for the balance can be modified: 1) in a lawsuit in which the lender is a party (I'm assuming they were not a party to your divorce); and 2) in a bankruptcy proceeding.

In any case, they would have to be given some opportunity to defend themselves before their rights under the contract could be modified. I doubt that they were given this opportunity in the divorce proceeding.

To put it as simply as I can, the divorce decree established rights between you and your ex, and maybe some other family members. It did not affect any other contractual relationships. So, inasfar as the divorce decree gave you the debt for the car, it did not do so in regards to the creditor. Rather, it gave your ex a right to indemnification, against you, should he have to pay for the car.

In other words, they can still sue your husband for whatever is owed. And with you having no money, they probably will. Assuming they receive a judgment against your ex and he pays it, your ex can then sue YOU under the terms of the divroce decree.

I hope that made sense. I know it's very complicated. If I can clarify anything for you, please ask.

Q: "I know they CAN get a civil judgment against me, but WILL they?"

A: Probably. It's an economic decision on their part: is the cost of obtaining a judgment against you more than the amount that they can hope to get out of you? If not, they will likely seek a judgment.

And I'm not sure where you got the idea that they can't garnish your wages for a civil judgment, but I HIGHLY doubt that this is correct. I am not a Texas lawyer, I don't know the particulars of Texas law, but I would seriously question the source of this information, because I'm pretty sure it's wrong.

Q: "I am tempted to make arrangements with them to make a small payment each month & let my ex fend for himself against them, but what do I get in the end? I mean, I am not going to get my car back even if I pay them off in one lump sum. And since my credit already stinks, why should I bother?"

Another good question. Making whatever payments you can could keep them at bay, keep you out of court, keep a judgment off your credit report, and maybe provide you with some moral satisfaction.

Economically, making payments may not be your best option, especially as your credit already stinks. Personally, I would let it ride, see if you end up with a judgment and, if you do, consider filing bankruptcy. Don't construe that as legal advice, however.

It sounds like you and your ex still have somewhat of a positive relationship. I would keep that in mind when making any decisions. You'll only have to deal with this creditor for a max of seven years or so. You'll probably be dealing with your ex for quite some time yet.

Best of luck!