While I was married, my husband had purchased a truck which I signed for with him. We have now been divorced for 3 years and yesterday I got a call from the finance company stating that I HAVE TO PAY for his deliquent 4 months. I explained to them that my divorce decree was specific in that my ex-husband keeps the truck and the payments of the truck which was signed by the Judge and sealed by the court. The finance company said that THEY OVERRIDE the Judge and that I am liable and that the late payments are being reported on my credit.
I have a call into the Judge's assistant and I suspect that my ex is in contempt of court.
When I talked to the police last night they said that I have no legal right to repo it because my name is not on the registration.
So if I have no legal right to take the truck and have a divorce decree that says he is responsible for the payment of the truck what options do I have?
It just doesn't sound right to me. Your thoughts or suggestions.
2006-09-21 09:38:47 · 11 answers · asked by kimmer 3 in Family & Relationships ➔ Marriage & Divorce
you signed for the truck and are responsible if your husband does not pay. to change this, the truck would need to be refinanced in your husbands name.
according to your divorce, your husband is responsible for paying for the truck, but he did not so you have grounds to sue him, but in the mean time you should pay on the truck (if you can) to avoid ruining your credit. it sucks but that is the way co-signing works.
2006-09-21 09:52:42 · answer #1 · answered by Crazy dog lady 3 · 1⤊ 0⤋
Unless your name was removed from the loan when your divorce was final, your name is on the loan still and you are still legally liable for the loan just as your ex is. It happens a lot, that people get divorced, but they never clean up the lose ends, like loans, deeds and such. You and your ex would have to both have gone and got your name off the loan, basically he would have to re-financed the truck without your name and clear the original loan. Your papers more than likely state that you and your ex both agreed to sign what ever papers were necessary to make the splitting of assets as stated in the papers, but if that was not done, the finance company can still wreck your credit and come after the truck too.
2006-09-21 09:49:04 · answer #2 · answered by Suthern R 5 · 1⤊ 0⤋
Unfortunately, you are still liable in the eyes of the company if the co signer defaults on the loan. He should have refinanced the truck to get your name off the truck after the divorce happened, but I am thinking in hindsight. Yes, your ex is in contempt of court regarding the truck. However, do make the payments to preserve your credit because it is hurting now. It can effect you getting a loan, mortgage, and even a job in some cases. You can always go after him for repayment in the contempt. However, you should request that he refinances the truck to get your name off in the contempt hearing.
2006-09-21 10:54:08 · answer #3 · answered by dawncs 7 · 0⤊ 0⤋
The finance company is bullying you hoping that you are too stupid to know your rights. Do not send a dime if you have documentation that you were released from the contract through your divorce decree. However, I am not an attorney so I would urge you to contact the attorney that handled the divorce. I would hope they would not charge you anything to just verify what the papers say.
Good luck
Oh, btw, the finance company MUST stop calling you if you specifically tell them to. Tell them it is a company phone if you have to.
2006-09-21 09:45:19 · answer #4 · answered by mickeyg1958 4 · 1⤊ 0⤋
If you officially relinquished the title & registration, you have no legal obligations for payments to the lien holder.
By the way, the lien holder DOES NOT override a judge's authority. That was probably some scare tactic.
2006-09-21 09:45:29 · answer #5 · answered by Anonymous · 1⤊ 0⤋
this is the priority - the indoors maximum loan is on your call. you're able to desire to be waiting to get a court docket to rule he could pay his honest share - yet you additionally can loose that case, and that style of regulation isn't the form the place you do no longer could pay lawyer expenses till you win. you will could return up with X quantity of money just to keep a lawyer. in case you be responsive to a ethical lawyer you're able to desire to call and asked for a loose 30-minute consultation and pass tell your tale. yet sorry too many attorneys will inform you that they had be happy to take your case while they be responsive to damned sturdy and correctly they do no longer stand a raffle of triumphing. result? You get no longer something to assist pay the $4 hundred a month and you're out the money spent on the lawyer - of direction, the lawyer did their very superb. Yeah - suitable. If I have been you i'd call the indoors maximum loan enterprise and ask if i'd desire to refinance the indoors maximum loan and decrease my month-to-month funds. sturdy success.
2016-10-01 05:33:32 · answer #6 · answered by vishvanath 4 · 0⤊ 0⤋
I'd of laughed at that finance company and told them if they are smart people, they will never call me again and harass me about that truck. If they continued to do so, I would let my attorney handle them.
2006-09-21 09:55:56 · answer #7 · answered by Anonymous · 2⤊ 0⤋
nobody overide the judge
if ever they call you again tell them to send you a letter
but you should have send a copy of your divorce decree to the finance comp to remove your name and send him a copy of the registration
you should have made him refinance the car to get your name out of it completly
talk to the lawyer that did your d
Good luck
2006-09-21 09:47:32 · answer #8 · answered by waiting for baby 6 · 0⤊ 0⤋
they are trying to scare you into making his payment. they do NOT override a judge. check with your attorney and see what they can do to help.
2006-09-21 09:42:31 · answer #9 · answered by Ms. Cranky 4 · 1⤊ 0⤋
your name is on it you are responsible too ive been there and done that.
2006-09-21 09:56:58 · answer #10 · answered by nanny2 4 · 1⤊ 0⤋