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What to Do if Your Ex- Doesn't Follow the Divorce Order Causing Car Repossession

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  • 03-15-2017, 04:51 PM
    BuzzAldrin
    What to Do if Your Ex- Doesn't Follow the Divorce Order Causing Car Repossession
    My question involves a marriage in the state of: MA.
    According to our Separation Agreement ex was supposed to either keep paying the loan and insurance for the car that i've been driving and he's been the owner of, or trade or sell this one and provide another car of my own. He stopped paying insurance and, apparently, car loan (only his name on it, thank god), so it's been repossessed. His bank refuses to talk about any of the details, because my name is not on the loan, and ex is out of reach. Complaint for contempt has been filed right after he stopped paying insurance, but the Court hearing is only in 2 months... The problem is if this car goes on auction, i'm sure he just won't give me any other... Is there anything i can do to prevent losing this one at least?

    Also, i suspect he's been hiding from being served the Summons of my Complaint for Contempt, because it was served by "leaving in the place where he was known to live last" or something like that, not by giving him in person... So he might just pretend he didn't know he needed to be in Court?
  • 03-15-2017, 04:53 PM
    free9man
    Re: Ex-Husband Let My (His on Paper) Car Be Repossessed, Court Only in 2 Months
    You could offer to get the loan current with the bank and continue making payments but they will probably only release it to the person that has the loan.
  • 03-15-2017, 05:26 PM
    BuzzAldrin
    Re: Ex-Husband Let My (His on Paper) Car Be Repossessed, Court Only in 2 Months
    Right, this is what people from the bank told me: they won't even tell me what he owes unless there's an authorization from him. Which is not an option. I wouldn't mind making the payments and getting on the title of the car at all...
  • 03-15-2017, 05:34 PM
    free9man
    Re: Ex-Husband Let My (His on Paper) Car Be Repossessed, Court Only in 2 Months
    Oh, they won't put you on the title. I don't know why they won't accept payments, most banks would rather have the money than the car.
  • 03-15-2017, 06:15 PM
    BuzzAldrin
    Re: Ex-Husband Let My (His on Paper) Car Be Repossessed, Court Only in 2 Months
    There's no point paying for me, if i'm not on the title, as i can't get insurance in that case, and can't drive. So i'd have to get on the title to keep it as well. Can't this be a decision of a judge, for instance?
  • 03-15-2017, 08:16 PM
    adjusterjack
    Re: Ex-Husband Let My (His on Paper) Car Be Repossessed, Court Only in 2 Months
    I think you need to resign yourself to the fact that you lose the car and he won't show up to court.

    Do what you can to get your own car.

    If he doesn't show up to court in two months it'll be more months until anything is resolved. A judge can order all sorts of things but, unless he's willing to jail your ex on the spot, nothing is likely to ever come of it with a deadbeat who is willing to live off the grid.
  • 03-16-2017, 02:15 PM
    BuzzAldrin
    Re: Ex-Husband Let My (His on Paper) Car Be Repossessed, Court Only in 2 Months
    Quote:

    Quoting adjusterjack
    View Post
    I think you need to resign yourself to the fact that you lose the car and he won't show up to court.

    Do what you can to get your own car.

    If he doesn't show up to court in two months it'll be more months until anything is resolved. A judge can order all sorts of things but, unless he's willing to jail your ex on the spot, nothing is likely to ever come of it with a deadbeat who is willing to live off the grid.

    I will probably end up getting one of my own, you're right. But he does owe me a car, part of which has already been paid out, so don't understand why I wouldn't be able to get this one? Just on a side note, i'm not completely desperate to have a car right now, so can wait a few months. The questions is, is there anything i can do now not to let the car be sold by the bank or ex before the first hearing? Also, if he doesn't show up in Court, can't the judge just order the car to be mine (if it's not sold by then, of course)?
  • 03-16-2017, 02:34 PM
    Mr. Knowitall
    Re: Ex-Husband Let My (His on Paper) Car Be Repossessed, Court Only in 2 Months
    You can file a motion to show cause in the family court, and see what happens. You know better than anybody here if he is likely to show up, and whether he actually has the money necessary to set things right.

    The judge can potentially order your ex- to pay off the car and transfer title to you, but he can't make the lender give you a car that has been repossessed due to your ex's default. The lender is entitled to its money.
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