Video – Attorney Michael Campbell Explains Why Contractual Obligations May Continue Even If A Divorce Agreement Says Something Different
Video Transcript
Ray Hrdlicka – Host – Attorneys.Media
“Place an insurance policy on the car. When her insurance policy lapsed. That failure, does that mitigate their ability to proceed or diminish their claims?”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“It might. We’re going to certainly argue that in this case because of all of the facts together. But… but technically, no. And the fact that the court of, in the divorce case, gave all of her debts to her, and his debts to him, so forth, is also not dispositive either. “
Ray Hrdlicka – Host – Attorneys.Media
“Really?”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“No, it’s not. But the contract still overrides that. So, you know, we’re going to argue that he didn’t know about the contract, that the signature on it is a forgery, that he didn’t even know about the loan, didn’t know about the accident, didn’t know about the default on the insurance, and didn’t even find out about this lawsuit until his wages were garnished nine years after the judgment.”
Ray Hrdlicka – Host – Attorneys.Media
“Well, I just want to make one final comment. It just shocks me that you said the divorce decree and the associated terms and conditions within that divorce decree are not the overriding factor on this particular instance. That just seems wrong to me.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“I know it seems wrong to me too. But the theory, I guess in the law is that the people who contract to a certain obligation at one time have the right to expect that that contract is binding for the term of the contract.”
Ray Hrdlicka – Host – Attorneys.Media
“I see, ok, so that’s going to override the divorce decree, etc, etc, ok.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“It means that she had the obligation to pay, according to the divorce court, she had the obligation to pay it.”
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