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What can I do about my Ex-wife trying to ruin my credit?
Been divorced for 5 years (Williamson County, TX). In divorce, she got both possession of AND LIABILITY for her car (2003 Kia). Numerous times, she failed to make payments, and since no one would re-finance in her name only, it has consistently deteriorated my credit. I have paid $1500 of my own money to try and keep it current (not that I can afford it), and now it seems I may end up with a judgement for $2000 against me and liens on my property. In March, the car was "totalled" by the insurance company for hail damage. Someone, she got the title (salvaged), and is driving it. The bank says that it can no longer repossess the car since it has been salvaged, which was the only incentive for her to pay for the car at all since her credit has already been ruined. We purchased GAP insurance for the vehicle (insurance payout did not cover it all by a long shot), BUT it seems that GAP policies don't have to pay out if you haven't been current on your payments. Again, she owns nothing so it's to her benefit to just not pay the car to "get me".
I know that I can do an "enforcement", but it looks like the only punishment if she doesn't do it is contempt, which apparently is usually lenient.
Any advice? I don't want to spend a mint (that I don't really have) to fail to get anything done.
I'm trying to do everything "per the letter" if you will. The property agreement says she gets the car, I don't want to violate that even if she is. I DO however, also have a side agreement (not notarized, but witnessed) that if she doesn't get the car refinanced within 2 years I can take it back, so not sure how to proceed on that front.
6 Answers
- CourtneyLv 41 decade agoFavorite Answer
i imagine the insurance paid directly to the financier?
shes obviously morally corrupt and it sucks that you have to deal with it but you shouldnt have to pay for her to be running around. i'd imagine that if the cars in your name at the bank still that you have as much claim to it as anybody. i'd simply get a key made and take it back.
if not pay up or file bankrupsy. you wouldnt be the first divorcee to do it.. but seriously how much was this kia if you've been seperated 5 years..? how does it even have a balance..?!?!?!
- Chad BLv 61 decade ago
Well, if the vehicle is also in your name but she is driving it, you can then technically repossess the vehicle and try to sell it to make some sort of dent in what you owe the bank. Co-signers can legally repossess a vehicle if the other signer is not paying, it happens all the time. Remember, you own this vehicle also......
In order to sell the car without her signature, call the bank and ask what the title says, if it says "and" then you need her signature to sell the car, but if it says, "and/or" or just "or" then you are clear to sell it without her signature.
And in time being, you can make a statement for free on your credit report about this issue. Make sure you keep it un-emotianal and factual. Lenders actually do take statements into consideration when doing things like a house loan or likewise.
I wish you luck.
EDIT: You will need to get a copy of the part that states "if you don't refinance in 2 years, the car is mine." and mail her a copy of it (certified mail) with a letter stating that you will give her 30 more days to refinance and if it isn't then you will per section whatever take the car into your possesion. And in 30 days, take it back along with the help of a sherrif (bring the divorce decree and the certified letter) then get an incident report and make sure it states that the cop was there and saw all of the appropriate paperwork.
- InvisigothLv 71 decade ago
I was going to blow a gasket over the GAP not paying and tell you to sue them for reneging on their agreement w/ you but you are correct, she reneged by not keeping the car current and really screwed you over.
which is cheaper in the long run for you: pay the $2000 (is that all that is owed--nothing else above and beyond that?) to get rid of her for good or hiring a lawyer to take her back to court to make her pony up with what she owes?
it sucks, I know but sometimes you have to eat sh*t to get be finished w/ a bad situation.
edit:
talk a lawyer. I don't think she can get the car refinanced now because it has been totaled and salvaged (& seriously Kias are cheap asped cars, it doesn't take much damage to total those babies).
it costs nothing or next to nothing to talk to your lawyer but it could cost you a great deal to drag your feet on this matter.
- 1 decade ago
Just keep paying, there isn't much else you can do. My ex was the same way with no credit and nothing to lose and put me into major debt. She stayed in the house for months and simply said I won't pay the rent so I either paid it or it ruined my credit so I couldn't get a new place to live. Some women are users and once you find out how they are it is too late.
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- Anonymous1 decade ago
there is something called Divorce 101. all lawyers are required to take this course, apparently the lawyer you hired failed.
if you had a compitent lawyer the judge would have ordered the car sold.
- Anonymous1 decade ago
ur screwed...on your next divorce get a better lawyer...this should have been handled prior....not now...ask him for a refund and have him handle it...he messed up...