ex-wife suing me because of her garnishment?

[brutus]

My ex and I divorced last year. At the time and prior to the divorce, we had 2 car repos. She is being garnished and I am not, so she is saying she is going to get an atty to file suit against me to pay half her garnishment

Because I cannot afford a wage garnishment either, I am going to be forced to file a CH7 in the coming months.

Can she sue me in the interim? Divorce papers made no mention of any of the repos, as they happened 6-8 months prior to our divorce.

[keepmine]

Anybody can sue. Winning is the hard part.
I'd imagine that if she is struggling with a wage garnishment, I'd doubt she has the resources to hire an attorney. Sounds like a bluff.

[Minnymouth]

Was your name on the vehicles or loan?? If not, IT'S ALL HER'S.......
Evidently they are garnishing her for the balance owed on the loans after the resale of the autos.
Should you file bankruptcy because you have too - then just include that creditor in your filing, in case anything comes across the board for you to pay.... (I would list them even if I don't owe them anything - just she does). This will protect you in the near future if she tries to sue you....

In the divorce did she assume the bills on these autos as part of the divorce??? Did you???

A little more info and maybe we can help..........

[brutus]

the loans were in both of our names - we now live in different states. The cars were not mentioned in the divorce papers because they had already been repo'd. The loan amounts are on my credit report as well.

This is why I am considering filing - to get these removed before the inevitable wage garnishment arrives for me.

[SamanthaJones]

Tell her you are going to file BK, so she should save her money.

And with the money she saves by not suing you, she can pay for her own bankrupcty?

[HHM]

Here is worst case scenario.

She can probably sue you and seek a modification of the Divorce Decree. Assuming she wins (without more info, we'll just say she has a slightly better than 50/50 shot, only because the debt was part of the marital estate that was divided by the Divorce Decree and therefore, must ultimately be accounted for, are you sure there is not general clause in the Divorce about the division of debts, i.e. all debts to be divided 50/50).

If she wins in family court, that court order is NOT dischargeable in BK because it is the result of a domestic proceeding. Therefore, you will owe your ex-spouse at least half of what she has already paid to the car finance company and you can't do anything about that in BK. If you file BK, you can end your direct personal liability for the deficiency balances owed to the car finance companies. But, you may be liable to your ex-spouse for the money (at least half) she has paid out to satisfy the debt.

[brutus]

HMM, there is a general cause of all debts divided equally in the decree.

So if I file BK and clear my obligation to those;
and she does not file and continues to allow the garnishment;
she can sue me for 1/2 of her garnishment?????

[HHM]

HMM, there is a general cause of all debts divided equally in the decree.

So if I file BK and clear my obligation to those;
and she does not file and continues to allow the garnishment;
she can sue me for 1/2 of her garnishment?????

Yes, it seems so.