Family law , court order question....

[Roksamy]

My wife's ex dirtbag was awarded the Jeep Grand Cherokee that they had purchased while married.........

THe court mandated that since the Jeep was financed in my wife's name , That he needed to re-finance the jeep and take over financial responsibility.

Her divorce was final TWO YEARS AGO. Dirtbag has yet to re-fi the jeep , and has been late (he's about $1300 behind on the fawking POS) on payments the whole time

This is destroying my wifes credit , and she was anable to re-finance her house over the bad mark on her credit as a direct result of this.

The courts won't do shit about this (two years later , mind you)

I ask the PBB , what course of action can we legally take? advise.....

[CMF]

I would pay it myself to keep from getting my credit destroyed.

Then, if the title was still in my name, I'd go get the jeep and sell it.

[fullygruntled]

Voluntary reposession? Call the creditor and explain the situation

[Roksamy]

Originally Posted by CMF

I would pay it myself to keep from getting my credit destroyed.

Then, if the title was still in my name, I'd go get the jeep and sell it.

It is legally his cherokee

[surveyboy]

+



=

problem solved

[mike]

welcome to why my wife filed bankruptcy after her first marriage

[CMF]

Originally Posted by Roksamy

It is legally his cherokee

How? The bank has the title and your wife's name is on the account.

[fullygruntled]

Originally Posted by Roksamy

It is legally his cherokee

Until the lein is paid in full, it's legally the bank's Cherokee.

Seriously, call the creditor and see if they will either contact him to take over payments and, if not, reposess the vehicle. It's probably no more credit-damaging than having him continue to not make payments.

[ChiXJeff]

Sounds like your wife needs a new or better attorney.

She should also consider having her lawyer send a copy of the court order to the finance company, and the credit bureaurs.

[mike]

Originally Posted by fullygruntled

Until the lein is paid in full, it's legally the bank's Cherokee.

And chances are the bank won't give a shit.

[Travis Waldher]

I'de go find a lawyer.

Maybe after 2 years of not refinancing it after the original court order, the Jeep is hers and she just needs to go make a midnight requisition and take HER jeep back.

What kind of asshole judge wouldn't leave some disclaimer in his/her decision that states if he doesn't refi in "X" amount of time the jeep will become hers and stay that way.

If a lawyer can find a legal loophole let the scumbag try to sue.

[fullygruntled]

Originally Posted by mike

And chances are the bank won't give a shit.

Nobody will really know until they contact the bank, will they?

[mike]

Originally Posted by fullygruntled

Nobody will really know until they contact the bank, will they?

I can only tell you what our experience was

[PONY_DRIVER]

Call an attorney. Call the bank and explain the situation, they may be able to offer advice. Or go back to court and get his pecker stomped on for not obeying a court order.

[Travis Waldher]

If push came to shove, maybe she should call and tell them to just repo the thing. If he works a long ways from home, repo it at his work.

Her credit is already screwed and won't be recovering for some time. she's already liable for the debt and can't get out. Maybe have some fun with it.

[DRM]

Originally Posted by Roksamy

I ask the PBB , what course of action can we legally take? advise.....

There are 2 parts to this.

1. She is legally responsible for this debt, period. She needs to pay it, or negotiate with the lender for a *Payment in Full* letter that states they will write off this debt in full if she pays xxx.xx dollars. Get this in writing FIRST before you send them a dime.

2. She can then go back to the courts because he defied the court order of the divorce. If that does not work, she can bring suit against him for the damages she has incurred because he defied that divorce order.


I could go on about how she should never have agreed to the divorce UNTIL he had refinanced or the vehicle was sold - but that's all moot now.

good luck.

[Travis Waldher]

Depending on how new the vehicle is, the account is already at least 90 days late.

Seriously, how much worse will her credit score look after a repo.

[Screwzer2]

Originally Posted by ChiXJeff

Sounds like your wife needs a new or better attorney.

She should also consider having her lawyer send a copy of the court order to the finance company, and the credit bureaurs.

X2. I can't for the life of me, figure out why a quit-claim document wasn't part of the dealio. Doesn't completely absolve her of the credit, but establishs responsibility for pament.

Hat to say it, but at this point, without some legal intervention, DRM is right (God how I hate to say that last part ;-)

[Haole]

Originally Posted by DRM

There are 2 parts to this.

1. She is legally responsible for this debt, period. She needs to pay it, or negotiate with the lender for a *Payment in Full* letter that states they will write off this debt in full if she pays xxx.xx dollars. Get this in writing FIRST before you send them a dime.

2. She can then go back to the courts because he defied the court order of the divorce. If that does not work, she can bring suit against him for the damages she has incurred because he defied that divorce order.


I could go on about how she should never have agreed to the divorce UNTIL he had refinanced or the vehicle was sold - but that's all moot now.

good luck.

I agree with DRM.

[Haole]

Originally Posted by Travis Waldher

Depending on how new the vehicle is, the account is already at least 90 days late.

Seriously, how much worse will her credit score look after a repo.

This can only stay on the report for seven years and then it's gone. If you work out a payment schedule, that seven years starts all over. I'd let sleeping dogs lie and wait it our for five more years.

I retract my agreement with DRM.

[Trogdor]

File a contempt charge against the asshole then when you go into the court fight to either take the jeep back or quit claim

[Screwzer2]

Originally Posted by Trogdor

File a contempt charge against the asshole then when you go into the court fight to either take the jeep back or quit claim

That's the ticket! Do it now.

[Roksamy]

Originally Posted by Trogdor

File a contempt charge against the asshole then when you go into the court fight to either take the jeep back or quit claim

Yep , I had her call already and voulenteer repo the POS. Dumb shit has been making minimum payments for so long that he owes 13,500 , and aint worth 10K now

[Travis Waldher]

just keep in mind, she's still liable for 3500.

[Kitty Cat]

Court time. My exB/F went throught the same thing it was in their name and he never made payment on it. He went to court and they got her name cleared and he ended up with the bad credit. He also had to pay for her legal fees and the whole nine yards.