Made a Car Payment For My Ex, Now She Won't Repay Me

[TheJag]

My question involves collection proceedings in the State of: Oklahoma

The long story (all of the following happened within the past 3 years): When married, cosigned for a car, got divorced, her credit isn't good enough to refinance and still isn't to this day. I was notified from the ex that she couldn't make the payment one day before the 30 late mark with affects your credit. Received another email from her complete with schedules/dates that if I were to make the payment, she would pay me back in multiple smaller payments. I made the payment to the lender (again this was post divorce). Just before she was suppose to make the first payment to me, she emailed me that she lost her job and came up with the new schedule, smaller payments over longer duration of time. After receiving nothing I emailed her, she replied again changing the schedule. After again receiving nothing emailed her requesting money. I get a letter from an Attorney stating she has hired him and that she's not legally responsible for the debt citing: "The responsibility of the debt reverts to the underlying loan contract for the vehicle, for which both you and her are equally responsible as co-loan applicants". I would also like to mention that she has never paid late to the point where we're stung with a 30 day late on the credit report yet has never paid by the due date, she has also been granted two payment extensions from the lender, one for one month and one for two months in about a 14 month span. That means we're relieved from a payment for a month or two but still owe the payments at the end of the loan all while interest still accrues.

What options do I have and what should I say when I call the her lawyer? Are mutiple emails good enough or am I S-O-L?

[Mr. Knowitall]

If your respective rights and duties in relation to the car and loan are set forth in the judgment of divorce, you may be able to get relief through the court that issued the judgment. Does the judgment address these issues and, if so, what's the relevant language?

[TheJag]

The judgement did not address the car. The legal team that wrote decree stated the judge cannot force the lender to remove my responsibility...They stated that if she wasn't making payments on time I would be able to gain possession of the vehicle.

[Mr. Knowitall]

If you want to exercise that remedy, file a petition with the divorce court.

[chefcolby]

so who is the name or ssn on the car, if it is yours then you have the right at anytime to reposes the car and then use it as your own or return it to the lender. if its in her name then if you show proof that she made a deal with you to pay the debt and her to make smaller payments until payed off then you essentially have a legally binding contract on that part, but this all has to do with what the divorce judgment stated and they should have addressed the car, if im understanding this then the car is in your name, Take it back and contact the lender and see what your options are, never stop paying the debt because they can legally take you to court for the full amount of the debt because of nonpayment and also this will damage your credit, they can also just reposes the car and make you responsible for the late amounts.

now again after rereading this, so you leased the car when you where married but divorced after and thats when she started asking for the money, because in this case there is one thing that you should check in your divorce judgment, depending on the reasoning for getting the car they may have said the car will remain in your name until you are done paying it off then will be transferred into her name. so read the divorce judgment, they may not have been able to release your responsibility to pay off the car but that doesn't mean they didn't address it someway, usually anything money wise or property is addressed in divorce court, if it wasn't file for an amended judgment including the car payments due to contractual rights, or some other legal talk like that, your best be is a lawyer, make sure you sue for the cost of court and lawyer.

[TheJag]

Was married, bought the car, all over the car paperwork and the lenders paperwork, she is the primary and I am the cosigner. As far as who's name it's under, for registration purposes, only her name is on the registration & insurance. I have repeatedly called the lender and researched in great lengths, there is no way to get me off the hook with financial responsibility, nor can I simply turn it in...If I turned it in I would considered a voluntary repo which not only gives a huge negative on the credit report but also they sell the car below wholesale and bill you difference, I'd be on the hook for several thousands of dollars. I can, however, go to court and request POSSESSION of the vehicle which I'd most likely gain due to her never on time payment history. But that's not what I want.

I looks like there are no options. Question is, is an email a legally binding contract in the state of OK?