[SassyCathy]

This is about a car that was purchased a week before my Son In-laws ex wife left him about 5 year's ago. This all started a year ago when the lender contacted him for back payment's on this car. Ex was defaulting on the loan. The car was written up in the divorce decree as her responsibility totally. But he never bothered to get his name taken off the loan. She promised after a phone call to my son in-law that she would take care of it, and of course she did not. Her mother made the payment's for a while and then she defaulted. My son in-law told her to give him back the car and he would sell it and pay off the note. She would not. He was afraid to repo it. Supposedly the ex wife went through bankrupsty, not sure if she surrendered the car or they repo'd it. Son in law thought that everything was taken care of, until today. There has been no contact by the lender to my son in-law for over a year. And it is only phone call's, they never produce any paper evidence of anything. Evidently there is still a 4,400.00 balance still owed on it, they agreed to settle for half, bless their heart's. My daughter is furious, they have just started a new business that is booming, applied for a home loan to enlarge their home. Is there anyway they can stop this without them having to pay the balance of the loan?

[IAAL]

This is about a car that was purchased a week before my Son In-laws ex wife left him about 5 year's ago. This all started a year ago when the lender contacted him for back payment's on this car. Ex was defaulting on the loan. The car was written up in the divorce decree as her responsibility totally. But he never bothered to get his name taken off the loan. She promised after a phone call to my son in-law that she would take care of it, and of course she did not. Her mother made the payment's for a while and then she defaulted. My son in-law told her to give him back the car and he would sell it and pay off the note. She would not. He was afraid to repo it. Supposedly the ex wife went through bankrupsty, not sure if she surrendered the car or they repo'd it. Son in law thought that everything was taken care of, until today. There has been no contact by the lender to my son in-law for over a year. And it is only phone call's, they never produce any paper evidence of anything. Evidently there is still a 4,400.00 balance still owed on it, they agreed to settle for half, bless their heart's. My daughter is furious, they have just started a new business that is booming, applied for a home loan to enlarge their home. Is there anyway they can stop this without them having to pay the balance of the loan?

My response:

Unless she was ordered by the court to refinance the vehicle in her name, then no. The fact is, at this moment, your SIL's name is still on the original loan contract and is, therefore, still liable for that contract, and the subsequent deficiency.

If it was in the original Dissolution order for her to refinance the vehicle, then he can take her back to court for Contempt of that order. He can still sue her for his losses due to the deficiency; however, whether or not he collects on a potential judgment will depend heavily on whether she can "answer in damages" e.g., does she have a job, or a savings account, etc.?

IAAL

[SassyCathy]

All that you have advised was just told to them by a local attorney. They also told them that the creditor could not touch anything that is in my daughter's and SIL's name. And advised them to possibly settle for even a lesser amount and get this monkey off of their back.
I really appreciate your quick response to my inquiry.