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  1. #1
    Join Date
    Apr 2011

    Default Collections for a Vehicle Turned Over in Divorce

    My question involves collection proceedings in the State of: Washington State

    Two years ago my current fiancÚ got a divorce. In the divorce it is clearly stated that the husband gets this certain vehicle. Now fast forward to 3 days ago. She just received a notice from a collection agency that this vehicle was towed, and impounded and auctioned off sometime in the last six months. No money was owed on this vehicle at the time of divorce so it’s not like there was joint debt or anything. At the time of the divorce she had a restraining order on her husband (now ex). Somehow her name got left on the title so the towing company and collection agency are going after her for 1500 dollars. Why not her ex I don’t know. Maybe they tried and couldn’t get a hold of him. What are her rights here? She didn’t fill out anything because of the restraining order on him. So it’s not like she could go to the DMV office with him to get her name off. She has not seen this vehicle for over 2 years and had nothing to do with this mess. The vehicle has been in his possession since the divorce. Is she going to have to pay and then take him to small claims court? Or should she try fighting the collection agency in court?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Collections for a Vehicle Turned Over in Divorce

    If she was on the title, she was on the title.

    If her ex- won't pay the fines he incurred, such that she's stuck paying the bill, she can attempt to seek reimbursement through the divorce court. Possibly also through small claims court, depending upon the terms of the judgment, but it is generally easier to enforce a divorce judgment through the court that issued it.

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