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Motion for Show Cause

Discussion in 'Alternative Dispute Resolution' started by hcurvo11, Nov 6, 2007.

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  1. hcurvo11

    hcurvo11 Law Topic Starter New Member

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    Hi, this is my first time on here and I really need some advice. I divorced my ex 2 years ago. He just walked away from the house the cars(2) and everything else that we owned for the past 10 years. He signed a quit claim deed for the house, but my problem is that one of the vehicles that we both signed a lease for is still haunting me. I turned the vehicle back in as I couldn't make the payments for everything. It was on a 4 yr lease. In the divorce, the judge order him to take responsibility for it. Well, as you can suspect, he did make the first few $100 payments, then stopped. I filed a motion myself and took him to court. The judge ordered him to pay this vehicle off and he signed this order back in Sept. 06. Well, he stopped paying the $100 per month after a few payments. Then I get served papers from GMAC regarding this vehicle. I went to the pre-trial w/out an attorney, which I could not have afforded anyways, and signed a consent, big mistake. The consent was basically, they would garnish his wages if he didn't pay, but if they couldn't get the money from him, they would come after me. My ex was in default as he never even responded to the pre-trial notice even though he was also served. By this time, he was not working. I filed a Motion to Show Cause. We all went to court, including the GMAC lawyer who I was in touch with. Well, my ex said that he just got a job and had every intention of paying this debt off. The judge adjourned until the following week. GMAC sent me a letter that was the agreement between my ex and them. When I went back to court for the adjournment, the judge once again signed the order stipulating that my name be taken off of the contract and that my ex was soley responsible. I had to go back to court one last time to take the letter between my ex and GMAC and to my dismay, the judge dismissed the case since my ex was being cooperative. I told her that didn't help me because now the judgement was on my credit report and if he only has to pay $100 a month, then it will be on my credit report for then next 10+ years! She said to ask GMAC to dismiss my consent judgement as they could not have two judegements on one vehicle - one on me for consent and one on him for default. I asked GMAC to do this and they said that they could dismiss the consent under the condition that if my ex stops paying, they can come after me for a settlement. I am so confused by all of this. What more can I do? The judge also said that if he does stop payments again, then I have to file another Motion to Show Cause, so basically I would be back to square one.....I do not have any money to pay a lawyer as I am paying for everything else and live paycheck to paycheck. Any advice or help would be greatly appreciated. Thank you for listening.
     
  2. seniorjudge

    seniorjudge Super Moderator

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    You still owe GMAC. No judge can change that.

    You agreed to make the payment.

    If hubby won't pay, then you will have to pay.
     
  3. hcurvo11

    hcurvo11 Law Topic Starter New Member

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    Thank you for your response.
     

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