[nathan_r_p]

My question involves an auto loan or repossession in the State of: Texas

I divorced from my ex wife back in 2003 and she stated she wanted the car, a Toyota Camry and the judge ordered it to her. I had to sign over power of attorney and all rights to the vehicle. Also stated, any debts accrued after July 13th 2003 (our divorce) were hers solely. I was military at the time and went through JAG who helped me with all the paperwork needed. March 2004 and I am shipped to Iraq for 12 months. Around the end of 2005, I receive a phone call from a collection agency stating I owe over $2,000 for a repossessed car. My truck was fine, so I was confused. Come to find out, my ex wife didn't do anything as to what was ordered and I was still on the account even though Toyota were aware of the divorce decree. Ex wife is now bankrupt and they are chasing me. Car was volunatarily repoed when I was serving in Iraq and my ex wife told them I was living in Kerrville where she was at. Never lived there, not once. Mail they were sending me went to that address and I had no idea.
What can I do here? Not sure if I need to take ex wife back to court because she is in contempt or what???
Thanks

[Mr. Knowitall]

Unless the lender releases you from the loan, your agreement with your ex- and the terms of your divorce decree have absolutely no impact on their ability to pursue you as a borrower. You can try to collect the money from your wife through the divorce court. (Does she have any money to pay you?)

[nathan_r_p]

I cannot get her for anything because she filed under Chapter 7. All I got her on is contempt on more than one order in our decree. Toyota stated they would have removed my name if the other party, ex wife had sent them power of attorney to do so, like she was ordered. I had 5 credit card debts from her to but luckily, I was just an authorized user and had them removed. I never missed one payment and was never late on the car. I was ordered by the judge to sign everything over to her, no more dealings with it. Never even knew she hadn't made a payment or even that the car had been repoed. They were writing to me at her address, somewhere we had never even lived together (I was at Ft Hood at the time), just before I deployed

[Betty3]

The lender can still pursue you for the debt. You could sue her in divorce court (as Mr. Knowitall suggested) or small claims court but I don't know what you might get if she doesn't have any/much money/assets.

[Mr. Knowitall]

When did she declare bankruptcy? Under current law (under the Bankruptcy Reform Act, fully effective October 17, 2005), property settlement provisions of a divorce judgment are not dischargeable. Before then the analysis is a bit more complicated, and they may or may not have been dischargeable.

[nathan_r_p]

I believe she filed in the summer of 2005 and was granted around the end of that year. From what I gather, the Toyota, after being repoed, was resold and that's where the remaining $2,000 comes from. Not really sure because was never informed and when I finally received a collection agency notice, back late 2005 early 2006, it was 3 years later and they had no info. I have spoken with Toyota and they only have info from the repo and nothing before that. They told me that they contacted me in Kerrville numerous times. According to my decree, ex wife has a duty to let me know when creditors are trying to contact me...as I have to her...never did. Actually she was the one who told them I was living there. She never even changed her surname with them. And she has had 2 since our divorce.
I am not even sure if the Toyota was included in her bankruptcy. Not even sure how I would find out.
She had planned it from the start to screw me, because the month we divorced, she stopped payments altogether on the vehicle and made no attempts to refinance it in her name, which may have been very difficult coz her credit stank. I am tired of her crap and having bad credit because of her. If the Toyota was not on my report, I would have perfect credit.
Apparently this comes off in Dec 2010 but I don't want to wait that long. What she did was wrong.