GAgirl
journeyman
Reged: 07/04/05
Posts: 67
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I live in Colorado. My ex and I have been divorced for 6 mos. now. We had exactly one joint account (a car loan). He took that vehicle, was to make all of the payments, and refinance by June 30th or return it to me by August 1st. Anyway, he is now over 5 mos. past due on payments (around $2200, including bounced checks and late fees). I haven't seen him or the vehicle since July 1st of last year. The condo he bought has been foreclosed on. I know the lender doesn't care about who is responsible since it is a joint account, plus they haven't been able to locate him to repossess. I have no idea where he is and don't know anyone who would give him up. I have provided the lender with various addresses of family members (all live about 1 1/2 hrs. away), but they still haven't found the vehicle.
Anyway, he is obviously in contempt per the terms of the divorce. Does anyone know if it's possible to file contempt charges when you cannot provide an address for serving someone?
Thanks.
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NancyD
Pooh-Bah
Reged: 06/03/05
Posts: 2105
Loc: New York
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I recently had a similar situation...but mine was over seven years old when I found out that ex had defaulted on the car lease.
Anyway, if your divorce decree indemnified you, you have the right to sue your ex for whatever you have had to put out to cover the joint loans that he had agreed to take on in the divorce. That just means that you can sue him. It does not absolve you of the debts in the eyes of the lender. So if you care about your credit rating, pay the loans off and go after his ass yourself.
If the lenders have a credit-worthy person (YOU), THEY ARE NOT GOING TO SPEND THEIR MONEY TRACKING HIM DOWN. So if you are named on the loan, and it hasn't been "written off", pay it.
That about the worst of it.
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GAgirl
journeyman
Reged: 07/04/05
Posts: 67
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It's already ruined my credit...the only negative thing in my credit report. Plus, I don't have the money to bring it current or pay it off and have no idea where he's stashed the vehicle. I will probably have to file bankruptcy.
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NancyD
Pooh-Bah
Reged: 06/03/05
Posts: 2105
Loc: New York
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I would do whatever you could to pay it off, and then sue his ass.
I found out about my ex's default long after it had been written off (like about seven years). If I had known only a few years earlier, I would have paid it. I only found out about it when I went to get loan for my son's college tuition a couple of years ago (it was denied!). Since it was so close to being off my credit report, I did nothing. I doubt it is there now (I will check in September).
Anyway, you might want to check with a credit counselor to see what you can do to help yourself.
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rocketgirl
Carpal \'Tunnel
Reged: 06/24/04
Posts: 8562
Loc: On the beach in 14 years...
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You are going to have to file bankruptcy on $2,200??? Why?
If that is the only negative on your credit report, feel lucky. It has taken 2 1/2 years for me to get mine correct.
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Lisa
Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.
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GAgirl
journeyman
Reged: 07/04/05
Posts: 67
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No...$2200 is the amount past due. The loan is around $11,000. He has the vehicle somewhere, but I don't know where. I have no way to catch it up AND continue making payments. Once they decide to seek a judgment and start garnishing my wages, I'm done. The only thing he owned that I might have been able to place a lien against was his condo but now it's gone too.
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GAgirl
journeyman
Reged: 07/04/05
Posts: 67
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Also, I'm already paying for another vehicle that I purchased in my name only for him. He was making payments (reluctantly) while we were married. He had arranged for his sales manager to buy it and make payments to me. That lasted long enough to make it a wash on the divorce paperwork, and then the guy quit paying and did eventually return it. It's very upside down, so I'm stuck with it and have been making payments since January. I have no extra money to cover another car payment.
Can you say "sucker?" :(
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19804
Loc: Third rock from the sun
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Does anyone know if it's possible to file contempt charges when you cannot provide an address for serving someone?
---> You can serve by "publication", but honestly, even if he is held in contempt, it's not going to do you any good if he's not around to pay up.
---> Even with the changes in the bankruptcy law, you should still be able to file Chapter 7 because of the provisions in the Decree. You would just be "surrendering" your "interest".
---> As for the loan company...they find him when he goes to renew his tags.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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NancyD
Pooh-Bah
Reged: 06/03/05
Posts: 2105
Loc: New York
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Gecko, no one "found" me when my ex defaulted on the car lease that was in both our names. I even bought a new car and registered it, and renewed my license. My ex never got hit with anyone trying collect, either, and he was at the same address for a few years after he turned in the car. Of course, his credit was in the toilet, anyway, so it didn't matter much to him.
It may dog his credit report for a while, but if he flies below the radar for a few years and pays in cash rather than plastic, he may be able to avoid detection. Some people have the nerve to drive with suspended licenses and expired plates/registation for YEARS.
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hippie1981
veteran
Reged: 09/27/05
Posts: 1304
Loc: Wisconsin
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My STBX had a car that was in his name only. We stopped making payments on it during our bankruptcy. When the bankruptcy was discharged, we still didn't make payments on it. STBX had another vehicle that was paid for. When I left him, I took the car that he still owed money on, went and bought myself a new car, and called up Ford Credit to come pick his car up. I wonder if they ever tracked him down to send him a bill? He probably owed about $7000 on it still.
BTW, we had moved to another state and registered the vehicle there and Ford Credit still never found us to take the car back. I think there was about a year where he didn't make any payments on it.
Edited by hippie1981 (06/30/06 02:46 PM)
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