Indianola, IA asked in Consumer Law, Divorce and Car Accidents for Iowa

Q: What are my options concerning a credit hit I took for my ex wife not paying her vehicle loan?

We both signed, and a judge signed, the stipulation for our divorce, and it literally states "(she) shall be awarded the 2012 Cruze automobile free and clear from any claim of (me) and she shall assume any indebtedness thereon, holding (me) free from any liability thereon".

2 years later, she wrecks it, has it totalled, and that's when I start getting hounded by Ally Auto Financing. I email her telling her, she ignores me. 3 months later, another letter from Ally telling me I need to pay. I email her again. She replies "Ever heard of full coverage auto insurance?" and that it was an error on the dealers part, and now on Ally's part.

Well I sent a letter to Ally with a copy of the stipulation and highlighted the above, got a call from them basically telling me I'm screwed because they werent party to it. Then they hit my immaculate credit, so I disputed it with Equifax and they come back saying I'm still screwed. What does "not liable" even mean if I'm still freaking liable?

1 Lawyer Answer
Stephen Douglas Lombardi
Stephen Douglas Lombardi
  • Personal Injury Lawyer
  • West Des Moines, IA
  • Licensed in Iowa

A: You can file with the divorce court an application for her to show cause why the Court should not hold her in contempt. You can ask the Court to award you attorney fees but during the pendency of the action you will have to pay your own lawyer.

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