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What can i do about my ex wife not paying the car loan on the car she was awared in the divorce that my name is still the primar

Tampa, FL |

She is about to go in repo for it, i have tried to get her to refi and she says she can't. the finace company said there is nothing they can do. i dont want to be held liably for her bad decisions

Attorney Answers 4

Posted

What sort of language was there in the Final Judgment concerning the car loan? Did it give her a certain amount of time to refinance it? Was there a provision where she would hold you harmless from that debt? Without knowing that, it is hard to advise you.

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Posted

Unfortunately, since your name is on the financing, the finance company will come after you if the vehicle gets repoed. The bad credit due to her late payments are also hurting your credit score & damaging your reputation. BUMMER!

The only remedy you have is through the court that granted the divorce. You may ask the court to hold your ex in comtempt for failing to obey the earlier order about making the car payment on time. It might be possible to be awarded money damages for your losses, but in many instances, ex spouses can be terrible credit risks.

This question is really one related to divorce & family law, so I am moving it into that field rather than debt collection. I suggest that you contact your divorce attorney for more specific info on what options might be available to you.

Hope this perspective helps!

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Posted

The lender has you on the loan you are liable for the loan.

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Posted

I agree with Ms. Bunce, you may be able to obtain some sort of relief through the court that entered the final judgment of divorce. You may also want to send the lender a copy of the judgment awarding the car (and the corresponding monetary obligation) to your spouse. In the past I have had success in convincing creditors to remove adverse credit information from an ex-spouse's credit report in a similar situation. You can send them a letter explaining the circumstances regarding the judgment of divorce. You may also have rights under the Fair Credit Reporting Act that would protect you from adverse credit information being posted on your report. You should seek the assistance of an attorney. Good luck!

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