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Ex-husband served me with a complaint in small claims-help!!


klh97
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My ex-husband let a car go back in 1997....the lender then turned around and sold the car; but, ad a 3000.00 auto defincinsey that they were trying to collect. My ex-husband and I divorced in February of this year.....he turns around and is attempting to buy a house and instead of disputing the information as I had done and getting it off my report due to the debt being over 7 years he paid the debt to the lender. He contacted me after he had paid the debt and stated that I owed him half....at the time he contacted me I was at work and just said yeah whatever and went on my very way and then 2 days ago I received a complaint from small claims court for half of the 3000.00. This debt was not included in our divorce dcree which was final in February and my ex-husband paid this in June of 2004 on his own will. Legally, I don't think I owe him one penny; but, wanted some advice prior to going to small claims court to fight this. I am assuming bringing a copy of my divorce decree should be sufficiant evidience. Any advice??

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well, first up, none of what im saying here might even apply to this..

but, check your states SOL and see if the loan was out of SOL when he paid it.

i really dont see how he could go you for the money, as it was his choice to pay this, and there was no agreement between the two of you for you to reimburse him if he paid, your debt was to the people who loaned the money, not him, and they have been paid.

dont worry, an attorney will be in and tell you how to answer this properly.

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when was the deficiency judgment? Was it against you, too? You will want to know what the SOL in your state is for contribution and indemnity, which are actions one takes when he pays more than his fair share of a shared obligation. He may be time barred. That is your defense. Or one of them, anyway. have your divorce lawyer give you the answer. have them write a letter to his lawyer saying what he is doing is wrong.

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It was June of July of 98 and yes we were married at the time and my name was also on the loan. I believe the SOL in AR is 5 years.....the complaint in in small claims court and the attys I've contacted even my divorce atty has stated that they really couldn't give me a while lot of guidence. Do you feel as though my ex has any type of case seeing as how I have no contract or no promissory note in regards to the debt in question? I'm so confused.....I have never been to court excpet for my uncontested divorce and have no idea what to expect.

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You have to find out what the SOL is for contribution and indemnity. If your husband is outside that, you make a copy of the statute for the judge/arbitrator and show him, That is your defense.

Otherwise, small calims courts are designed to do someting called " substantial justice," which usually means the judge will try to fashion what he thinks is right according to teh parties. So, be prepared to minimize your involvement: it was his car, he used it for business, he made all the payments, you never drove it, you only signed because he needed your credit, that sort of thing. That way, teh judge might see him as trying to take advantage of you and give him less then half, or nothing at all.

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