Rogers, AR asked in Civil Litigation, Contracts, Divorce and Collections for Arkansas

Q: Can a vehicle loan company sue me?

A vehicle loan company on a vehicle that was obtained during my marriage is trying to sue me (has filed a civil suit) for amount owed on the vehicle, that vehicle has been repossessed. I have since gotten a divorce and in the divorce decree it states that the plaintiff, who is my now ex-husband, will obtain full responsibility of any debts accrued pertaining to that specific vehicle. Will I be responsible for the money they are suing for since my divorce decree states otherwise? Also, just to add, the divorce was filed in Arkansas and finalized in Arkansas. Thank you so much for your prompt response.

1 Lawyer Answer

A: Usually the court order regarding distribution of assets and liabilities is not binding on your creditors. You can contact the lending company and provide them with a copy of the court order and they may, if they so wish, attempt to collect only from your husband, but they are not required to do so. The court order is between you and your husband, so if he does not pay what he is supposed to, you can go after him for any payments you are forced to make to the lender. You should consult with your divorce lawyer or another local attorney of your choosing so that you know your rights and if you are able to obtain the court's assistance in collecting the money.

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