In October 2005 I had a car reposessed. My Ex-wife and I purchased the car together. Her signature was on the buyers agreement in 6 places. Mine only once, I was also designated as the co-buyer. In December of 2005, I received a letter from the Credit Union stating that I owed them $6,354.29 plus interest. In October of 2006 my ex-wife settled in court on the car debt for $4,000. Today, December 30,2007 I received a summons to court for the outstanding $2,845.10. Am I responsible for that amount even after the debt was settled with my ex? This is in the courts of Colorado

Is this actually the difference, did she pay them in full the 4000? Or was that a settlement and perhaps not ever fully paid,

YOu will need to file that this debt was paid in settlement, and use a copy of that selttlement from that court as proof.

That was the settlement. The total debt was $6,354.29 plus interest, she paid $4,000. They want me to pay $2,845.10 as the remaining balance. I have the papers from the court where she settled and a copy of the check. They wouldn't have settled with her for a portion and then try and get the remainder from me would they... if we were co-buyers isn't it considered one party since we were married?

Where you named in the settlement with her ? Like you and her as co borrowers agree??

You may want to hire an local attorney ( by the hour) to review it.

You will need an attorney for this question because the "answer" will vary from state to state and it has some complexities that a local lawyer will be able to analyze.

Hello f:

It really depends on how the settlement agreement was written. Your ex COULD have looked out for you, or maybe she didn't.

The can collect from both of you or either of you. But they can't collect the full amount from both of you. Obviously they weren't trying to collect HALF from her. They tried to collect ALL of it from her, and settled for what they settled for. Therefore, I think they're out of gas.

However, because they're bottom feeders, I'm not surprised that they're trying to get from you, what their negotiation skills failed to get from her.

I'd utilities my rights under the Fair Debt Collection Practices Act, wherein you can write them a cease and desist letter. Send the letter certified, return receipt requested.

That'll stop them from bothering you, at least through the phone or the mail. The only alternative they'll have left is to sue you, and I highly doubt they'll do that.

excon