LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Family Law Forum > Divorce or Dissolution of Marriage
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 08-08-2005, 06:29 PM
Junior Member
 
Join Date: Aug 2005
Posts: 8
Question Ex-husband not paying a loan

In our Final Dissolution of Marriage, my ex-husband was ordered to pay $100.00 a month to a finance company for a joint loan we had together. At the time, the court knew it was a joint loan, and they still ordered him to make the payment and he agreed to this. It was for his car, for which I was a co-signer on, and this car ended up being repossed so there is no longer any physical property. In the state of Florida, I understand legally that the company will not take my name off the loan because we entered into the loan jointly. Recently when I was trying to purchase a new vehicle, I found out that he has not made payments on this loan. As a result, he has wreaked havoc on my credit report and this has caused me to pay a higher percentage rate for the new vehicle. My question is: Can he be held in contempt of court for not making the payments each month since he was ordered to do so in the final decree and can the court order him to pay these payments now?
Reply With Quote
  #2 (permalink)  
Old 08-08-2005, 08:10 PM
Senior Member
 
Join Date: Jul 2005
Posts: 146
Cool

Quote:
Originally Posted by herbcat
In our Final Dissolution of Marriage, my ex-husband was ordered to pay $100.00 a month to a finance company for a joint loan we had together. At the time, the court knew it was a joint loan, and they still ordered him to make the payment and he agreed to this. It was for his car, for which I was a co-signer on, and this car ended up being repossed so there is no longer any physical property. In the state of Florida, I understand legally that the company will not take my name off the loan because we entered into the loan jointly. Recently when I was trying to purchase a new vehicle, I found out that he has not made payments on this loan. As a result, he has wreaked havoc on my credit report and this has caused me to pay a higher percentage rate for the new vehicle. My question is: Can he be held in contempt of court for not making the payments each month since he was ordered to do so in the final decree and can the court order him to pay these payments now?
You may be able to go after him for non-payment of alimony because he didn't pay the finance company as he was supposed to. That may be a "contempt of court" thing in family court.

You may also have a cause of action against him for ruining your credit and just sue him in civil court for that.
Reply With Quote
  #3 (permalink)  
Old 09-12-2005, 06:35 AM
Junior Member
 
Join Date: Aug 2005
Posts: 8
Default Civil Suit or Contempt of Court or Both

I know that I am able to file a contempt of court motion for this on my own without an attorney because my ex. did not make the car loan payments as ordered in our final decree. Money is very tight now, and with that in mind, do you need an attorney to file a civil suit or is that something I can do without a lawyer? Can you file a contempt or court motion and civil suit or just one? If you can only do one, is there one that would stand a better chance of success in the courts? Thanks for your help.
Reply With Quote
  #4 (permalink)  
Old 09-12-2005, 02:15 PM
Senior Member
 
Join Date: Jun 2005
Posts: 456
Thumbs up

It really depends on your specific court. I know that some courts require an attorney to file certain documents. You will want to talk to the court clerk's office to find out what forms need to be filed and if you can file them without an attorney. Most of the time you are allowed to file without an attorney. Remember that the court system is confusing and complicated and your success increases when you are represented by an attorney. As for how many forms you can file. Again this is a specific question for your courthouse but I don't know why you could not. The proper remedy may have to be filed in the family court and not through a civil suit so you may be wasting your filing fee by filing in the wrong court.
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 08:01 PM.

Find a Lawyer | Attorney Search by City/State | Law Library
Estate Lawyers | DUI-DWI Lawyers | Divorce Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers  
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers 
Personal Injury Lawyers | Child Support Lawyers | Child Visitation Lawyers | Child Custody Lawyers 
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Products Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers

Attorney Advertising | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.