I did an uncontested divorce with my wife she hired an attorney, she was supposed to keep one of the vehicles stated in the divorce and have it refinanced out of my name within 30 days of the final decree. She stopped making payments and had it repossessed without refinancing and this is still in my name. When she stopped making payments she had her mother finance a different vehicle for her. Divorce was signed by the judge 2/18/2016. I don't want this on my record and need to get it corrected but not sure how to go about it. Also stated in the divorce says if I have to fight anything or hire an attorney she is responsible for payment of my legal services.
The bad news first- its too late, if it got repossessed and sold, and the debt was in your name, its already on your credit record. Its a long shot, but if the creditor hasn't re-sold the vehicle, you might call them and see if they would let you "cure" the default and catch up the payments. When repossessed cars are re-sold, they generally don't bring full market value, but whatever they bring gets credited towards the debt you owe. Curing the default would let you get the car back, and in turn enable you to maybe clean it up, fix minor issues, etc and thus get more cash to apply on the debt. If you are "underwater" on the debt, you will have to work out some agreement to pay the deficiency, but getting a fair price for the car will lessen what you ultimately owe the lender. Going to them to now to try and work something out puts you in a better position than just ignoring it. Now some good news, you may have some recourse against your ex.
Its troublesome that you note that your wife hired the lawyer ( and you didn't?!). However, hopefully the marital dissolution agreement was worded strictly enough that she was truly obligated to do what you 've described. If she willfully violated the terms of that MDA, she might be held in contempt of court and have to pay the attorney's fees, etc, but having financial difficulty is not always willful contempt. For sure, you ought to be able to get a judgment against her for the amount you wind up having to pay the lender. Unless she files for bankruptcy, getting a judgment for the damages you incur as the result of her breaching the MDA will ultimately allow you to get that money back from her. However, as I already said, this won't erase these events off your credit record, but you have the right to respond to any item on your credit history and you should do so. Similar problems have happened to many other divorced people, and putting your side of the story on you credit report might help lessen the damage. Consult an experienced divorce attorney asap to try and enforce the MDA.
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