QUESTION
Is there any legal action that we can take to deal with my Husband’s Ex-Wife Defaulting Car Payments?
Asked on Jan 17th, 2013 on Divorce - Delaware
More details to this question:
When they were divorced, she was awarded the car even though the loan was in his and his father’s name. She never refinanced in her name so they are dealing with the negative impact on their credit reports due to her delinquency. We have had to make several missed car payments for her over the past year and it is becoming a nuisance. The divorce decree states that she is liable for all payments due on the vehicle.
6 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He needs to speak with an attorney about this. He can probably get a judgment against her for paying what she was supposed to pay, that is the indemnification part of their agreement.
Answered on Jan 22nd, 2013 at 4:25 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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See whether there is a "hold harmless" clause in the judgment. File in small claims for reimbursement for the payments you made.
Answered on Jan 22nd, 2013 at 4:23 PM
He should bring a motion to force her to refinance or allow him to take the car and retire the debt. He should consult a family law attorney to review the current order and advise him how to proceed.
Answered on Jan 22nd, 2013 at 4:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He could go to court and ask for her to be held in contempt for violating the court's order.
Answered on Jan 22nd, 2013 at 4:23 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes, you can file for contempt or for her to sell the car if she can't refinance it.
Answered on Jan 22nd, 2013 at 4:15 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can file a rule to show cause in Family Court and demand to know what she has breached the Court order.
Answered on Jan 22nd, 2013 at 4:12 PM