Need legal advice on car

[slaterd]

I told my wife before we got married. It just sucks having to contact her. I read the same about me being legally responsible and no there shouldn't be insurance under my name. If there is then there's going to be a huge problem considering I didn't give consent and my insurance isn't covering it.

[mrsleeve]

who said you have to see her every month to get money. You have an address and the post man comes to it every doesn't he...



I get your point you dont want to enable your ex I get it I do. Was just thinking that there might be a way 2 adults can be honorable and work something out with having to involve the cops or the state thats all

[Jorgen]

how much can she still owe on this thing anyway? Make her pay the fucking thing off.

If she has paid the whole time on it I wouldn't try and take it back. But I also would never leave a loan in my name without actually owning the car. I would threaten that she needed to refi or I would find an attorney to make her give it back (without the intention to do that).

[Jorgen]

I told my wife before we got married. It just sucks having to contact her. I read the same about me being legally responsible and no there shouldn't be insurance under my name. If there is then there's going to be a huge problem considering I didn't give consent and my insurance isn't covering it.

A bank loaning on a car here would never allow you to not have insurance with the loan holder as a listed person. At least every car I have had loans on was that way.

[slaterd]

New development:

I just contacted my insurance provider and asked them if I had 2 policies using my name and social security number. Had a hunch the insurance was under my name, since it has to or it will be in violation of the financing agreement and will be repossessed. She used my name and social to put my name on an insurance policy for the car without my consent.

[Axxe]

New development:

I just contacted my insurance provider and asked them if I had 2 policies using my name and social security number. Had a hunch the insurance was under my name, since it has to or it will be in violation of the financing agreement and will be repossessed. She used my name and social to put my name on an insurance policy for the car without my consent.

The truly worrying thing is that you have had your ass hanging out waiting to get fucked for so long and just realized it. You have to contact her and talk about like adults, figure out what you can do, $4k isn't that much to refinance even on a personal line of credit, under her name of course.

[ST1G]

New development:

I just contacted my insurance provider and asked them if I had 2 policies using my name and social security number. Had a hunch the insurance was under my name, since it has to or it will be in violation of the financing agreement and will be repossessed. She used my name and social to put my name on an insurance policy for the car without my consent.

Contact a real lawyer (not a r3v one) so you can actually know the best course of action so that you're not all tangled up with this shit for the next 3 years. It should only be a few hundred dollars and the consultation should be free.

If you're still in school there is often free lawyers/legal advice available to students.

Her using your SSN is a criminal offense. No matter what you do, if you don't do it just right she could lawyer up and end up screwing you over big time.

It's an all around shitty situation.

[slaterd]

I don't understand how this could come back and bite me in any way though. Her namr is nowhere near the car. I am the only owner. Hell I have to re-register it! I'm finding it too risky to allow this to proceed. I'm going to get the documentation from the insurance company, contact a lawyer for advice on what to do, contact my lender and tell them I'm changing all billing information and request a police escort to repossess my car. If she tries to take me to small claims I'll argue that the amount of wear and mileage has depreciated the value of the car more than she has paid...I will also press charges for identity theft. Thinking about what her and the guy driving my car put me through while I was living with them ....I don't want to be adult about this .

[ST1G]

I don't understand how this could come back and bite me in any way though. Her namr is nowhere near the car. I am the only owner. Hell I have to re-register it! I'm finding it too risky to allow this to proceed. I'm going to get the documentation from the insurance company, contact a lawyer for advice on what to do, contact my lender and tell them I'm changing all billing information and request a police escort to repossess my car. If she tries to take me to small claims I'll argue that the amount of wear and mileage has depreciated the value of the car more than she has paid...I will also press charges for identity theft. Thinking about what her and the guy driving my car put me through while I was living with them ....I don't want to be adult about this .

Do it.

[agent]

I don't understand how this could come back and bite me in any way though. Her namr is nowhere near the car. I am the only owner. Hell I have to re-register it!

Right - it's YOUR car. YOU are financially responsible for the car and any damages caused by it, especially in light of the fact that the insurance is in YOUR name too! If she does any damage to persons or property, you are fucked. Lawyer up, and quick.

[Swanny]

[slaterd]

ok....what kind of lawyer

[Thizzelle]

quoted because I say this all the time and one of the best shows.

[ST1G]

ok....what kind of lawyer

I would start with a Contract Law attorney. Since what really happened here was you engaged in verbal (possibly written) contract with your ex. As well as with the bank/financing company.

To mitigate the cost of the attorney you should get all the paper work you can from the bank, and insurance company as well as any 'contract' you have had her sign (if applicable.) Take that with you to the consultation, should cut down the billable time.

I hope you've learned your lesson. I know it sounds like I'm a dick but I wouldn't even co-sign for my brother (who is infinitely more responsible) and I would expect the same from him. Loaning money/credit to friends or family is almost always more trouble than it's worth. It just leads to soured relationships.

[slaterd]

http://www.avvo.com/legal-answers/can-i-make-a-legal-binding-contract-for-someone-to-283987.html

" Read the note and/or the Installment Agreement that you signed at the time that you bought or financed the car. These legal documents will tell you whether you have the right to transfer or assign the obligation on the note. My guess is NO. If you start messing around with the documents you might find the lender giving you problems. Also, enforceability will be a problem for you if the do-it-yourself documents are found to be invalid when [not if] the new person starts missing payments.

If you can not afford the car, you might possibly consider either trading it in, or a bankruptcy consultation.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies."

I just contacted my lender and they said they do not allow it so the "contract" I made with her was never valid. I told them that I realized recently that what was done was a violation of the initial agreement between me and them but I was looking into rectifying the situation by either having her refinance [psh!] or repossess my car. They said as long as you are able to show that, yes, you fixed the situation and continued with the original agreement then there won't be a problem.