I live in Alabama and was divorced from my wife in June of 2006. In the settlement agreement it was decided that I would keep my truck (i'm the only one on my truck's loan) and she would keep the car (i'm primary on the loan and she's co-signer) with the stimpulation that she would either sell the car or refinance it "in a reasonable" amount of time. In December of 2007 she had a wreck and the car was deemed a total loss by the insurance company. After the insurance payoff, there was a balance of $2250 that she was responsible for paying. I didn't know about the wreck, payoff, etc until June of 2008 when I was contacted by the finance company because they couldn't get in touch with her to settle the balance. They said they were going to "charge off" the balance that day if I didn't sign with her on a loan provided by the finance company to pay off the balance. I explained that we were divorced and I haven't been in possession of the vehicle since May of 2006 and wasn't aware that the car had been totaled. I said I refused to sign ANYTHING with her and they would just have to deal with her on this matter. I was recently shopping for a vehicle for myself, and was only approved for a high interest rate due to the "charge off" on my credit - from the situation stated above.
My question is, Is there anything that I can do to resolve this and have this removed from my credit if I agree to pay the $2250? (Oh!...and the finance company called again for the first time since June 2008 asking for the money again; however, it shows as a charge off on my credit already.) Also, would I even stand a chance in court fighting this? It does state in our divorce settlement/decree should either party default on any part of this agreement or should it become necessary by virture of breach or misconduct of either party, the expenses of the enforcing same, including attorney's fees, will be paid by the party violating the decree. with this said, do I have any recourse against her to file suit to recoupe this money and regain my good credit standing?
At this point I would like to do something to make her be held responsible for what she has done. I really don't want to pay this off but I don't know what else to do in order to get this off of my credit report either! I NEED HELP!
My question is, Is there anything that I can do to resolve this and have this removed from my credit if I agree to pay the $2250? (Oh!...and the finance company called again for the first time since June 2008 asking for the money again; however, it shows as a charge off on my credit already.) Also, would I even stand a chance in court fighting this? It does state in our divorce settlement/decree should either party default on any part of this agreement or should it become necessary by virture of breach or misconduct of either party, the expenses of the enforcing same, including attorney's fees, will be paid by the party violating the decree. with this said, do I have any recourse against her to file suit to recoupe this money and regain my good credit standing?
At this point I would like to do something to make her be held responsible for what she has done. I really don't want to pay this off but I don't know what else to do in order to get this off of my credit report either! I NEED HELP!
