QUESTION

Can I stop a wage garnishment over a car loan when it was my wife''s car?

Asked on Dec 01st, 2011 on Divorce - Colorado
More details to this question:
The car was put in my name because she maxed out 15 credit cards. Since we separated over a year ago, she has only made one payment. I received a call from an attorney for debt collection. Of course they threatened to sue and garnish my wages. Is there any way to force my wife to pay the debt?
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1 ANSWER

Melissa Marks
If your wife was awarded the car in the divorce but your name was still on the loan, you are unfortunately on the hook.  Many people today are facing this same situation when dividing their property and associated debts.  The bank is the only one who can take your name off of a loan, the divorce decree/separation agreement does not have authority to release you from that obligation.  The best practice is to agree to sell property that is tied to a loan in both parties' names to avoid this situation.  Did your decree/agreement have any language regarding who was responsible for payments?  If so, and if it indicates your wife is responsible, then her failure to pay is contempt of the agreement, which became a court order when it was entered.  In that situation, you can file for contempt and  request you be awarded the car so you can sell it or pay for it and use it yourself.  Whether or not that is successful is up to the judge. You can find forms to file for contempt on the Colorado Court's website under "Forms" "Domestic/Family."  Click here to go to their webpage and the contempt forms.  I would also suggest you explain the situation to the debt collector and ask them to repossess the car.  It would also be wise to consult an attorney regarding the matter and potentially have her/him act on your behalf.
Answered on Dec 13th, 2011 at 5:27 PM

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