Sunday, February 6, 2011

HOW CAN I PROTECT MY CREDIT DURING A DIVORCE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:


QUESTION: How can I protect my credit during a divorce? I have not seen my wife since 2007. I have no idea where she is located, though I believe in Texas right now. I want to start a divorce with her. The other issue is that while married we signed a joint auto contract. I have requested the auto maker to repo it since 2007 and it continually does not get repoed because she says no. It is affecting my credit and I need to address this matter as soon as possible to help my financial distress. Any and all information is welcomed. Need to take affirmative action now.

ANSWER: You can file a divorce case here, your attorney can hire an investigator to try to locate your wife, and if unable to locate her, your attorney can obtain a declaration of due diligence from the investigator and obtain an Order for Publication of Summons to enable him to serve your wife by Publication.

Protecting your credit against the loan obligation that you co-signed for is far more difficult. Both you and your wife are liable on that loan, so the best thing you could do would be to hire an investigator to locate the car (perhaps by locating your wife) to enable the car to be repossessed. Your wife doesn't need to agree to the repossession by the lender. All that is required is that the car loan is in arrears, that the car is locatable, and that the lender have a repossessor available in that vicinity to repossess the car.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.

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