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Old 12-07-2005, 06:08 PM
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Join Date: Aug 2005
Posts: 8
Default Help! Final Judgement doesn't seem to matter

Here is my problem...In my final judgement for dissolution of marriage, my ex. was required to pay a $100 loan payment that we incurred as a result of having to turn in a car due to major financial problems a few years before our divorce. The judge recognized that my ex. had been the one using the car even though we had taken out a joint loan, and so in the final papers he was ordered to continue making that loan payment to the finance company until the amount was paid off. There is a whole paragraph stating this. Well, he stopped making the payments, and then the company never notified me. I didn't find out about it until I tried buying a new car this summer and found out that he had not made payments. Obviously this messed my credit up. Someone suggested I go back to court for a contempt of court hearing since he was in contempt of the final judgement where it is very easily spelled out that he needs to make this payment. I got a motion to appear before the General Magistrate for this and a couple of other issues, like non payment of medical bills, proof of life insurance.... When we went to court, the General Master said that the car situation was a civil matter and that I didn't stand a chance even if I pursued that in civil court. She didn't even look at the paperwork. She based her answer on the fact that I said it had been a joint loan when we first purchased the car. I just don't get it...my ex. was ORDERED to make this payment, it says so in our paperwork. How come the final judgement doesn't hold up now? The car was turned in BEFORE our divorce and so he can't claim this came after our divorce. It seems as though the paper the final decree is typed on isn't worth much right now! Why could he be ordered to pay this by the judge at the time of our divorce, but now this is not being held up when I try to do a contempt of court motion about it? When I went in about this, I could not afford an attorney and went in pro se...so now I am really stumped...and I don't have the money to pay an attorney nor do I have money to start paying on this loan which is still messing up my credit big time since it has not been paid. Any suggestions to get the original decree to hold up? Also, why do people even get final decrees if they don't hold up in court?
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Old 12-08-2005, 10:12 AM
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Join Date: Jun 2005
Posts: 456
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Sounds like a complicated case that you need an attorney for. Since you cannot afford one you will need to find a legal aide society or attorney willing to help you for free. Otherwise it is too difficult to figure out what is going on with your case. An attorney would actually have to see paperwork and examine wording etc.
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