Ex-Wife Won't Pay For Her Vehicle, in Florida

danielcollins04 · #1 10-18-2007, 08:26 AM

I have two questions:

I am a co-signer on my ex-wife's car loan (done when we were still married). She was given the car in the divorce. She isn't paying her loan and the finance company calls me daily. They have suggested I "repossess" the car and they will claim I own it if she reports it stolen. If I do that, I think I violate the judge's divorce decree that she gets the car and I could be charged with stealing the car. Is there any remedy?

Second question: When I co-signed the car it was a 72 month loan. For the past four years, the finance company, at their discretion has given her extensions where she didn't have to pay for a couple of months to give her time to get on her feet. While there should be 12 months left in the contract...there is 21! They did not advise me or seek agreement when they granted these extensions. I co-signed for 72 months...not 81 months as it is now. Do I have any recourse with the finance company to be liable only for the original 72 month period?

Mr. Knowitall · #2 10-19-2007, 08:57 AM

What did the judgment say about her paying off or refinancing the car?

The extensions are likely consistent with the terms of the contract you signed.

danielcollins04 · #3 10-19-2007, 09:00 AM

The judgement did not specifiy anything about her having to refinance the vehicle.

I'm reviewing the finance contract to see if it referenced giving her (the prime borrower) extensions.

Mr. Knowitall · #4 10-19-2007, 09:04 AM

I'm not sure how much money is still involved, or whether it's worth trying to take this back to court.

danielcollins04 · #5 10-19-2007, 09:20 AM

The amount is still in excess of $8,500.00 because of the combination of extensions and missed payments. The finance company only issues a repo order when there is no payment for 60 days. And, after 60 days it takes two weeks for them to issue a repo order which has an "execute by" date. The day before they were to execute it, she gave them $400.00 (not even half of the "missed payments") so the cycle starts all over again). In the meantime, I get daily calls about the missing payments. Once she pays (seems any amount) they reset the "next payment date" and the calls stop until she misses again!

danielcollins04 · #6 10-19-2007, 09:23 AM

I guess the bottom line is...if I personally repossess the car, can I be charged with stealing it because the Judge in the divorce awarded it to her?

aaron · #7 10-19-2007, 09:34 AM

How is it titled?

danielcollins04 · #8 10-19-2007, 09:42 AM

The finance company says I am also an owner and on the contract. However the Florida registration is solely in her name.

Mr. Knowitall · #9 10-19-2007, 09:43 AM

Ownership comes from the title, not the loan contract.

danielcollins04 · #10 10-19-2007, 11:13 AM

I'll check with the finance company...but if I assume that I am also on the title...can I be in trouble for violating the court order that gave her the vehicle?