- Report: #1470651
Complaint Review: Love Beal & Nixon P.C. - Oklahoma City OK
Reported By:
Frustrated Ex -
Woodward, United States
Submitted:
Updated:
-
Author Confirmed
Why?
Love Beal & Nixon P.C.
6621 N. Meridian Ave. Oklahoma City, 73116 OK, United States
Phone:
405-720-0565
Web:
N/A
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Love, Beal & Nixon, P.C. Left off Ex in Summary Judgment Oklahoma City OK
Received a notice that I was being sued. My ex husband received one as well. I had 20 days to file my written petition, which I did with the divorce decree showing where my exhusband took all liability for the vehicle and debt that was later reposessed.
The divorce decree states that my ex shall assume and pay in full the debt and obligation and hold me harmless from any and all actions taken by a third party (Love, Beal & Nixon P.C. in this case) with regard to the debt. Lots of legal language that I thought covered me in this case.
I did not receive a response stating that I didn't have a case, not even a go f*** yourself or anything until I received a letter from them stating they would settle for 60% of the debt and then another one stating they would settle for 50% of the debt.
I did not once accept the liability for the debt and then I receive via mail that they have filed a motion for summary judgment and now have to appear in court. This Notice of Hearting is addressed "as to MY NAME only".
Does not include my exhusband in this hearing and as of today he has not received a notice for a hearing. To my understanding all I can do is file contempt of agreement against my ex husband and hope the judge rules in my favor before they try to garnish my wages or freeze my accounts.
Why do they even put that wording in a divorce decree that is signed and filed by a Judge of the Court of Law if it doesn't even protect you?
1 Updates & Rebuttals
Robert
Irvine,California,
United States
Sorry
#2Consumer Comment
Thu, January 03, 2019
This is one of the hazards of Divorce.
Does not include my exhusband in this hearing and as of today he has not received a notice for a hearing.
- He hasn't received one and won't receive a notice.
To my understanding all I can do is file contempt of agreement against my ex husband and hope the judge rules in my favor before they try to garnish my wages or freeze my accounts.
- For all intensive purposes that is correct. However, realize that again it may not stop the garnishment or action against you. It just gives you the opportunity to get a judgement against your ex. Where if it is considered contempt it may be a bit more serious as to the penalties with your ex.
Why do they even put that wording in a divorce decree that is signed and filed by a Judge of the Court of Law if it doesn't even protect you?
This is a basic misconception. Unfortunatly a Divorce Decree does NOT absolve your responsibility to a debt in the eyes of the creditor. The basic reason is that a judge can not arbitrarily transfer responsibility without giving the creditor the chance to contest the action. Unless the creditor was notified during the divorce and agreed to the change, you are the one who is still legally responsible for the debt. Your "protection" comes in the form of the action you can take against your ex.
If you have not already done so, I would highly suggest you contact an attorney, especially if this is for a signifcant amount of money.
