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  1. #1
    Join Date
    Jul 2010
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    Buffalo, NY
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    Default How to Sue Ex-Wife for Repayment of Car Loan

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

    I need help in knowing how to sue my ex-wife for repayment of an auto loan. I had co-signed for her car when we were married, and after we got divorced, she failed to keep up with the payments. The car was repo'd last Nov. I had given her numerous chances to deal with this matter on her own, and she failed to do anything. It went to collections a couple months ago, and instead of still letting my credit get ruined, I decided to call the collection agency myself and agreed to settle and pay it off on my own.

    I had just sent her a certified letter stating that I paid this loan off, that she is legally obligated to pay me half of the amount that I paid, and that she has one month to get in touch with me to start the repayments.

    I have not yet received the return receipt for the letter in the mail, so I am afraid she is refusing to sign for it, or maybe the USPS is still trying. If, and when I receive the certified letter back without her signature, what is my next course of action? Can I use the letter that she refused as proof that I tried to settle this outside of court? I have the letter and receipt stating that I paid this account in full, from the collection agency as proof also.
    Thank you for any help in how and what to do to get my half of this payment from her.

  2. #2
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    Default Re: How to Sue Ex-Wife for Repayment of Car Loan

    What, if anything, does the divorce judgment say about responsibility for this loan? If it's addressed in the divorce judgment, your recourse is most likely through the divorce court. If there's no clause specifically addressing the car loan, is there a clause addressing marital debts more generally? I assume the loan was exclusively in her name, and as she kept the car that you agreed that she would be responsible for all payments; but it helps to be clear.

  3. #3
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    Default Re: How to Sue Ex-Wife for Repayment of Car Loan

    There was nothing in the divorce judgment about responsibility for the loan, also no clause addressing marital debts more generally. We did the divorce simply, with no lawyers or possessions needing to be handled. I am the co-signer for the loan which is in her name 1st. So, technically, both of our names are on the loan, hers listed 1st, mine 2nd, as co-signer. The fact that we are both equally responsible for the loan means that she is responsible for half, correct?

  4. #4
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    Default Re: How to Sue Ex-Wife for Repayment of Car Loan

    Generally speaking, whoever gets the car is made responsible for the associated loan as part of the divorce judgment, but for some reason you chose not to cover that issue in your judgment.

    If you're a cosigner and not actually a borrower, she should be principally liable on that basis. But nobody here can promise what a court is going to make of your home-brewed judgment, a judgment we have had no opportunity to review.

  5. #5
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    Default Re: How to Sue Ex-Wife for Repayment of Car Loan

    Can anyone help?

  6. #6
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    Default Re: How to Sue Ex-Wife for Repayment of Car Loan

    Well, what course of action should I take next then?
    I still not have received the return receipt saying that she accepted the letter I sent her about this matter. Should I start the paperwork to bring her to court, or do I still have to give her notice 1st? If she doesn't accept her mail, as proof, how do I prove that I gave her notice?
    And, divorce judgment or not, if I have paid an entire loan, only based solely so that my credit wouldn't get ruined further, in which I was only legally responsible for half, I have the right to collect the other half from the other party, correct?

  7. #7
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    Default Re: How to Sue Ex-Wife for Repayment of Car Loan

    ? Help with what to do next?

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