tx3amigos

another SOl question--her SOL or my SOL ??

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My ex and I are co-signed on a repo-ed car. I live in Texas (SOL 4yrs...I'm past this time) but she lives in Colorado (SOL 6 yrs---still in this period).

So if we both get sued...how will the SOL work in this case???

If I'm the only on they can find and show up in court and she doesn't...do I get stuck with the whole debt?....would they divide it between us?..or would she get stuck with the whole thing because she didn't show up and I did?

Anyone with experience with this?

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Is there a Choice of Law provision in the original contract? If not, then she gets sued in CO under CO law and you get sued in TX under TX law.

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Is there a Choice of Law provision in the original contract? If not, then she gets sued in CO under CO law and you get sued in TX under TX law.

I believe that that is a total nonsense!:roll:

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We signed the contract in CO and then I moved to TX with the car. After 9 months, divorce, she got the car (she's still in CO)..& I got the kid (thank-goodness).

Other forums that I have read say, that after the repo- the written contract is void, and the UCC which states 4 years SOL for "goods and services" applies ....so we both maybe out of the woods. It's just they keep calling since I pulled my credit reports in july 2010---no letters yet!

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Usually in a divorce when the assets are divided it should be noted in the divorce.

IE: She gets the car. Which means she gets the responsibility of making all the payments.

If your divorce is spelled out properly and you get sued you can just turn around and notify them that as of this date, x/xx/xxxx you were no longer responsible for the debt on the car and here is a copy of my divorce stamped by the local court.

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If your divorce is spelled out properly and you get sued you can just turn around and notify them that as of this date, x/xx/xxxx you were no longer responsible for the debt on the car and here is a copy of my divorce stamped by the local court.

No, this is incorrect. People think getting divorced gets rid of your debts if the other party is ordered to pay all or a portion of them. The clients at my office fall in this trap daily no matter how many times we tell him.

A creditor is not a party to a divorce decree and therefore they are not bound by its terms. If you have a debt that both parties acquired but a judge orders in the divorce the wife is to pay it off that does not bar any creditor from going after the husband from an outstanding debt.

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