Full question:
My divorce decree stated that my ex was to take over a car loan and put it in his name, and get my name off of it. He has not done that. The car got stolen and found burned while in his possession. My insurance company denied the claim due to the lack of cooperation and communication from my ex. The finance company is coming after me and my credit is going bad due to this. I need help and don't know what to do. Do I need to take him to court and can the finance company still go after me? I cannot afford an attorney and will need to do this myself.
- Category: Contempt
- Date:
- State: Washington
Answer:
When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A requrest may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.
A third party, such as a creditor, is generally not bound by the terms of the divorce decree, since the creditor is not a party to the divorce. The creditor will typically pursue its rights under the contract terms as they existed prior to the divorce. The creditor will look only at the contract terms, and if you are the responsible party on the contract, they will seek collection from you.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
