Warner Robins, GA asked in Arbitration / Mediation Law, Divorce and Family Law for Georgia

Q: In my divorce decree my ex husband gave me a car. He was suppose to pay off the car and sign the title over.

Value of the car in the decree wqs $5000.. Unfortunately he let the car get repo. What can I do??

2 Lawyer Answers
Regina Irene Edwards
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Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Depending on what your decree says, you can file for contempt. However, if there is no provision that if he fails to pay off the car, and it gets repossessed, then he would owe you the value of the car, he may be in contempt, but there is no remedy. The court can't modify the order and make him pay you if that is not what the original order said. The better route would have been to file a case after he was behind and prior to the repo.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: This really depends on what was in your decree regarding the car. Was the car a part of the final decree? If so, then he would be in contempt and you can file accordingly. You may want to consult with an attorney who can review the facts of your case and help you with the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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