Legal Question in Credit and Debt Law in Oklahoma

Jurisdiction for Collection Agency

I was divorced over 4 years ago in Oklahoma. My ex-wife and I were joint applicants (in OK) on a vehicle she was awarded. She filed bankruptcy 2 years ago. The collection agency (CA) has contacted me. I have sent them a letter disputing the amount and want verification. I understand divorces mean nothing when it comes to contracts. I have lived in TX for over 4 years. The CA said they will file a lawsuit and that could result in garnishment. Being that I incurred most all of our debt I don't have much. I live with my girlfriend (pay her rent) and own nothing. I have 4 years left on my trunk and I will have my son's truck paid off in December. My questions....What state can the CA file lawsuit? If OK, they have garnishment (25%). Can my salary be garnished? Can they get my son's truck? Can they come after my girlfriend's possesions since I live there? Can they file a lien on my vehicle? I hear they can take whatever cash or savings you have. Is that true?


Asked on 10/28/04, 2:11 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Jurisdiction for Collection Agency

Since your ex filed bankruptcy, you are responsible for the debt. The question is when did she default? If more than four years ago, then any action on their part would be barred by limitations, unless the note invoked Oklahoma law (5 yr statute).

If they take a judgment against you, they can't take your truck, your son's truck, your girlfriend's possessions, or garnishee your wages.

If they're able to find cash or a bank account, they can seize it toward satisfying the judgment.

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Answered on 10/28/04, 2:58 pm


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