Submitted by Anonymous on Sun, 07/24/2011 - 07:36
I had my divorce finalized in 2009, part of the divorce order was me and my ex-wife had to pay 50% each of remaining amount owed on our car that was repossessed (approx $4,000 each). The loan for the car was in her name but I am the co-signer, so until it is paid for I am stuck with it damaging my credit report.
I have already paid my half of the amount due, she has made no payments to date. I realize that I could hold her in contempt of the order but I was wondering:
If I pay the remaining balance on the car so it is totally paid off, would I be able to file a small-claims case against her that amount? or would I have to go through probate court to get a order for her to pay me back for the vehicle.
loan payoff
The case should continue to be heard in the Probate and Family Court. The outcome will be the same and it will be easier to get a judgment in family court. You will also not have to pay the filing fee.
Wyckoff Nissenbaum
www.somervillelawoffice.com