Need legal advice on car

[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

[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.

[gwb72tii]

So she's driving your car? I assume the insurance is in your name too?
Do you know you're legally liable if she hits someone, good forbid hurts someone? They will go after you and your savings and then you're really fucked.
Reposses the car. Legally.
Ditto on being honest with your wife. Get on your knees and beg for forgiveness.

[Axxe]

Fucked up situation. For the meeting up and exchanging money, use email transfer. Also, it would help if you were straight with the wife and came clean about the whole situation up front.

[Thizzelle]

I know you can sign leases over but you did not do this with a loan?

[slaterd]

That's out of the question. She is my ex and I'm married. IOnce the car issue is settled I don't want to be in contact with her...let alone meet her once a month for her to give me money. The payments are 140 a month.

[mrsleeve]

what are the payment 57.83 if you have 3 more years and a 4k balance .

Find a way to come up with the 4k and get your name cleared so you can go do what ever you need to do, and have her continue paying you for the remainder of the original loan. If she stops paying you in a reasonable fashion then go get the cops and a court ordered repossession

[slaterd]

Not an attorney but I would imagine even if you did sign "responsibility over to her" the car is still legally yours in that the loan/title is in your name and not hers. To me that would be able to negate the contract you made with her. I'm a car salesman so I've seen a couple of odd situations with exs having possession of a vehicle. I'm surprised the bank is giving you a hard time getting another loan. Any experienced finance manager/director could easily persuade a bank rep to ignore this loan with a fax over a copy of your "contract of responsibility". I'd just report it stolen.

Well the open car loan with my student loans are preventing me. But the car loan is definitely making it difficult with financing.

[slaterd]

There's 4000 left on it. If minimum payments are continued then it'll be paid off in 3 wish years!!

[mrcheezle19]

Not an attorney but I would imagine even if you did sign "responsibility over to her" the car is still legally yours in that the loan/title is in your name and not hers. To me that would be able to negate the contract you made with her. I'm a car salesman so I've seen a couple of odd situations with exs having possession of a vehicle. I'm surprised the bank is giving you a hard time getting another loan. Any experienced finance manager/director could easily persuade a bank rep to ignore this loan with a fax over a copy of your "contract of responsibility". I'd just report it stolen.

[slaterd]

So a document from the bank would trump the "written agreement" between me and her a few years ago? Honestly I'm also afraid she may just decide to quit paying and destroy my credit...I've been rebuilding recently for a couple years.

[mrsleeve]

^
Its hard to justify a repossession when the monetary obligations are being met


if there is any kind of documentation that you signed it over to her. Or there is PROOF that she is paying the note (which I am sure she has) reporting it stolen is going to just complicate this further I would think.

How much is owed on said car????? If its not too bad pay the note off, and have her continue paying you until the balance is repaid and then you will sign over the title to her just like the bank would. Having some documentation of this process might be a good idea as well. There is no reason to bring the cops or other into this unless the issue is forced, why cant people act like adults and not resort to the cops getting involved in shit they really have no need to get into.

[e30vert]

Small claims court max judgement is 3500 in your State/County. Is the car worth more than that? People dont get motivated till there are dollars at risk. Its just part of the human condition I guess. So you will need to manuver the situation into a position where her finances may be affected.

Bank has title I assume. If so , contact the bank and explain . Obtain bank document .Then repossess with a sherriff standing by your side. Just call the sherriff and ask for a courtesy call.They usually dispatch someone to the location if you explain you are fearing some drama from the person that you are repossessing a car from. You will need to show that you are the legal owner and expect to have documents in place to support this.

[slaterd]

Just in case if that were to backfire because she has a copy of me signing it over....other answers ? I like how you guysare thinking though.

[TSI]

Report it stolen. Sit back and enjoy the hilarity.

This. If it's your car and you can't get it back, then this is the best course of action.