Tilted Forum Project Discussion Community  

Go Back   Tilted Forum Project Discussion Community > The Academy > Tilted Life


 
 
LinkBack Thread Tools
Old 07-30-2008, 06:30 AM   #1 (permalink)
Upright
 
Getting money back from ex when it's in decree?

Here is the deal, when I was married, my ex used me to cosign for a loan for a car (big mistake, never do this) Anyway, when we divorced, the decree said she would take the car and all remaining debt. This did not get me off the hook with the bank, however my lawyer said I could sue her for contempt of court if I had to pay. So when she was 75 days late, I shelled out some money to catch it up, not wanting to hurt my credit score. I kept all documentation. Like $1000. She said she would pay me back when she got her taxes. So I waited. She never did, then I deployed on short notice (I am in Tanzania now)
I have 2 questions I guess.
Is there a statute of limitation for suing her? Can I still sue her for the money like 2 years from now?
How do I sue someone for contempt of court by myself? I won't get any money back if I go through a lawyer.

She is a worthless human being. She never has any money or a job, so I am not to sure if she has any money to give me (drug problem). She also has 2 kids (not mine), so not to sure if I want to garnish her wages. Should I go after her or just write it off?
MaxPowers is offline  
Old 07-30-2008, 11:28 AM   #2 (permalink)
Upright
 
walkdontwalk's Avatar
 
Location: Cape Town, South Africa
Dude... Unlucky.

Is there no way that you can take some sort of affadavit to the bank, some sort of documentation from the divorce stating that the debt is now completely hers as you are no longer in possession of the vehicle?

Otherwise, if you really don't care for her, maybe there's a way to get the bank to reposess it...

I'm not sure - not much of a legal expert myself...

Good luck.
__________________
Sigs are overrated...
walkdontwalk is offline  
Old 07-30-2008, 11:35 AM   #3 (permalink)
Registered User
 
yeah you can still sue her.

as far the repossession goes, I don't think it's a liable option unless your name is nowhere near the paperwork on the title.

get a lawyer. there's no point in trying to go to court by yourself unless you go to the people's court or something. half the time the lawyer can settle it out of court anyway.
Glory's Sun is offline  
Old 07-30-2008, 12:34 PM   #4 (permalink)
will always be an Alyson Hanniganite
 
Bill O'Rights's Avatar
 
Location: In the dust of the archives
Quote:
Originally Posted by walkdontwalk View Post
Is there no way that you can take some sort of affadavit to the bank, some sort of documentation from the divorce stating that the debt is now completely hers as you are no longer in possession of the vehicle?
Nope.

The bank doesn't care what the court says. His name is on the note and, in their eyes, responsible for repayment. It ain't fair, but so much in life isn't.

Waaaay back when...when I divorced the first Mrs. O'Rights, she had enough bad checks, written on our joint account, to fall just $15 short of a felony. She was ordered, by the court, in our divorce papers, to repay her bad checks. She never did. After 2 years of being unable to open a checking account, in my own name, I finally paid them off. It had gotten to the point where it just wasn't worth the principle of it anymore. I had to get on with my own life, and having the ability to open a checking account was part of that.
__________________
"I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires." - Susan B. Anthony

"Hedonism with rules isn't hedonism at all, it's the Republican party." - JumpinJesus

It is indisputable that true beauty lies within...but a nice rack sure doesn't hurt.
Bill O'Rights is offline  
Old 07-30-2008, 01:49 PM   #5 (permalink)
A Storm Is Coming
 
thingstodo's Avatar
 
Location: The Great White North
Quote:
Originally Posted by guccilvr View Post
yeah you can still sue her.

as far the repossession goes, I don't think it's a liable option unless your name is nowhere near the paperwork on the title.

get a lawyer. there's no point in trying to go to court by yourself unless you go to the people's court or something. half the time the lawyer can settle it out of court anyway.
Just don't get the same lawyer you used the first time that screwed you over like this!!
__________________
If you're wringing your hands you can't roll up your shirt sleeves.

Stangers have the best candy.
thingstodo is offline  
Old 07-30-2008, 02:26 PM   #6 (permalink)
Lover - Protector - Teacher
 
Jinn's Avatar
 
Location: Seattle, WA
Quote:
Originally Posted by Bill O'Rights View Post
Nope.

The bank doesn't care what the court says. His name is on the note and, in their eyes, responsible for repayment. It ain't fair, but so much in life isn't.

Waaaay back when...when I divorced the first Mrs. O'Rights, she had enough bad checks, written on our joint account, to fall just $15 short of a felony. She was ordered, by the court, in our divorce papers, to repay her bad checks. She never did. After 2 years of being unable to open a checking account, in my own name, I finally paid them off. It had gotten to the point where it just wasn't worth the principle of it anymore. I had to get on with my own life, and having the ability to open a checking account was part of that.
I'd go after the bank if they did that. Banks are not above the law. A court order is a court order.
__________________
"I'm typing on a computer of science, which is being sent by science wires to a little science server where you can access it. I'm not typing on a computer of philosophy or religion or whatever other thing you think can be used to understand the universe because they're a poor substitute in the role of understanding the universe which exists independent from ourselves." - Willravel
Jinn is offline  
Old 07-31-2008, 04:51 AM   #7 (permalink)
will always be an Alyson Hanniganite
 
Bill O'Rights's Avatar
 
Location: In the dust of the archives
Quote:
Originally Posted by Jinn View Post
I'd go after the bank if they did that. Banks are not above the law. A court order is a court order.
True.
But...the court did not order the bank to allow me to open a checking account. The court only ordered that my ex pay the debt. The bank, since it was joint account, was well within their rights to deny me an account until the past debt was paid in full. They just want their money. They do not care one iota the source.

Sometimes you just do what you have to do, in order to move on.
__________________
"I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires." - Susan B. Anthony

"Hedonism with rules isn't hedonism at all, it's the Republican party." - JumpinJesus

It is indisputable that true beauty lies within...but a nice rack sure doesn't hurt.
Bill O'Rights is offline  
Old 07-31-2008, 04:57 AM   #8 (permalink)
Darth Papa
 
ratbastid's Avatar
 
Location: Yonder
Quote:
Originally Posted by thingstodo View Post
Just don't get the same lawyer you used the first time that screwed you over like this!!
It's not his lawyer's fault. This is how it works. His name's on the loan, and it doesn't matter what the legal system says, the BANKING system says he's responsible. Actually, he promised to be responsible for the debt when he cosigned. It wasn't "I'll be responsible for the debt as long as I'm married to my fellow cosigner".

The only way out of it is to refinance the car under just her name, which you obviously can't do without her--and given her payment history, it's likely not possible to get a loan just under her name.
ratbastid is offline  
Old 07-31-2008, 05:02 AM   #9 (permalink)
Tilted Cat Head
 
Cynthetiq's Avatar
 
Administrator
Location: Manhattan, NY
another case of being happy or being right.... be dilgent about the payments being made, and if they aren't cover the marker.
__________________
I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not.
Cynthetiq is offline  
Old 07-31-2008, 04:14 PM   #10 (permalink)
A Storm Is Coming
 
thingstodo's Avatar
 
Location: The Great White North
Quote:
Originally Posted by ratbastid View Post
It's not his lawyer's fault. This is how it works. His name's on the loan, and it doesn't matter what the legal system says, the BANKING system says he's responsible. Actually, he promised to be responsible for the debt when he cosigned. It wasn't "I'll be responsible for the debt as long as I'm married to my fellow cosigner".

The only way out of it is to refinance the car under just her name, which you obviously can't do without her--and given her payment history, it's likely not possible to get a loan just under her name.
I've actually seen lawyers make this happen in the beginning, which is the only reason I brought it up. When going through a divorse possesions change hands and there are things that can be done at that time. Other lawyers will say what his did so they can then earn more fees later fixing the problem. Everything is negotiable.

If a monkey has its feet on two sets of shoulders it will eventually pick up one foot. This monkey left his foot on the dude's shoulders!
__________________
If you're wringing your hands you can't roll up your shirt sleeves.

Stangers have the best candy.
thingstodo is offline  
Old 07-31-2008, 07:09 PM   #11 (permalink)
Darth Papa
 
ratbastid's Avatar
 
Location: Yonder
Quote:
Originally Posted by thingstodo View Post
I've actually seen lawyers make this happen in the beginning, which is the only reason I brought it up. When going through a divorse possesions change hands and there are things that can be done at that time. Other lawyers will say what his did so they can then earn more fees later fixing the problem. Everything is negotiable.
Lawyer /= Banker. Different whole thing. A lawyer could argue to the court to have certain actions taken by either party regarding the car loan, but could never magically re-cast a car loan to have one fewer cosigner on it. Never in a million years. That takes refinancing. It's set up that way to make loans hard to get out of, which, if you're a bank, is exactly what you want.
ratbastid is offline  
Old 08-01-2008, 07:27 AM   #12 (permalink)
Unbelievable
 
cj2112's Avatar
 
Location: Grants Pass OR
Unless the creditor was offered the opportunity to represent their interests in your divorce, they are not bound by that court order. The order only applies to the petitioner and the respondent, not the creditor. This means that while you may hold your ex responsible for the payment of the loan, the bank can still hold you responsible. You can pay off the loan, and then go after your ex for the money.
cj2112 is offline  
Old 08-01-2008, 08:04 AM   #13 (permalink)
Insane
 
speshul-k's Avatar
 
Eh, unless its a serious amount of money then I'd just let it go and write it off as a lesson learnt.
The hard way.
speshul-k is offline  
Old 08-02-2008, 05:44 AM   #14 (permalink)
Upright
 
How would I check my credit score? Also, how could I go about checking her credit score? I have all her info.
MaxPowers is offline  
Old 08-02-2008, 06:01 AM   #15 (permalink)
A Storm Is Coming
 
thingstodo's Avatar
 
Location: The Great White North
Quote:
Originally Posted by ratbastid View Post
Lawyer /= Banker. Different whole thing. A lawyer could argue to the court to have certain actions taken by either party regarding the car loan, but could never magically re-cast a car loan to have one fewer cosigner on it. Never in a million years. That takes refinancing. It's set up that way to make loans hard to get out of, which, if you're a bank, is exactly what you want.
Dude...I'm telling you, I have seen - it - happen. What's the big deal? In case you don't know, courts trump banks. They trump everything. Look at the first Bush election. And another thing, banks are always willing to negotiate if they have the right motivation.

But to help you feel better, in the case I referenced, if I recall correctly, the lawyer got the judge to force the couple to liquidate assets, including vehicles in joint ownership, thus eliminating the loans. If the OP had to cover a shortfall in the liquidated price from the loan balance it would have been much better to use his own cash or obtain an unsecured loan that was only in his name.

There is no way I would ever end a relationship with a spouse, business partner or otherwise and still have a joint asset I have any responsibility for still in my name. I have no control over what the other person does. If they were sued over an accident I would have liability. If they didn't pay their loan payment I would have responsibilitiy. If they didn't pay their insurance, taxes or licensing fees - yep, I would have liability. His lawyer knew that. It is just simply not a smart move, especially from a liability standpoint.

So, I won't debate you on what courts can and cannot order. But I will not let the joint ownership issue dangle.
__________________
If you're wringing your hands you can't roll up your shirt sleeves.

Stangers have the best candy.
thingstodo is offline  
Old 08-02-2008, 06:57 AM   #16 (permalink)
Darth Papa
 
ratbastid's Avatar
 
Location: Yonder
Quote:
Originally Posted by thingstodo View Post
But to help you feel better, in the case I referenced, if I recall correctly, the lawyer got the judge to force the couple to liquidate assets, including vehicles in joint ownership, thus eliminating the loans.
Well, sure, I mean, that's completely different. And the bank had nothing to do with it; that's an action the divorcing parties could choose to take anyway to get the assets out of joint ownership, and in that case the court ordered them to. In my (granted, second-hand) experience of divorces, that's pretty rare. There's usually some sort of joint asset hanging out. StellaLuna is being impacted by her ex's late car payments even as we speak. I've never seen the court step in to force dissolution of joint assets--that's usually left to the parties to sort out, though I can see that it might happen, particularly in very acrimonious cases where leaving anything jointly owned is a very bad idea. Maybe it has to do with how North Carolina handles these things, I don't know.

Last edited by ratbastid; 08-02-2008 at 07:00 AM..
ratbastid is offline  
Old 08-02-2008, 07:46 AM   #17 (permalink)
A Storm Is Coming
 
thingstodo's Avatar
 
Location: The Great White North
Quote:
Originally Posted by ratbastid View Post
Well, sure, I mean, that's completely different. And the bank had nothing to do with it; that's an action the divorcing parties could choose to take anyway to get the assets out of joint ownership, and in that case the court ordered them to. In my (granted, second-hand) experience of divorces, that's pretty rare. There's usually some sort of joint asset hanging out. StellaLuna is being impacted by her ex's late car payments even as we speak. I've never seen the court step in to force dissolution of joint assets--that's usually left to the parties to sort out, though I can see that it might happen, particularly in very acrimonious cases where leaving anything jointly owned is a very bad idea. Maybe it has to do with how North Carolina handles these things, I don't know.
It's called a good lawyer! Which was actually the point of my original comment.
__________________
If you're wringing your hands you can't roll up your shirt sleeves.

Stangers have the best candy.
thingstodo is offline  
 

Tags
back, decree, money

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -8. The time now is 02:09 AM.

Tilted Forum Project

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0 PL2
© 2002-2012 Tilted Forum Project

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360