What can I do if my ex-wife has defaulted on our car loan payments?

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What can I do if my ex-wife has defaulted on our car loan payments?

I was married but I am now divorced. Before the divorce we bought a car; when we separated she kept the car but it’s in our name and she is no longer making payments and has no insurance. Now, I’m a truck driver and because there is no insurance I have a flag on my driver’s license which means I can loose my CDL license and my job. I talked to her and she said she can’t make a payment or get insurance. I told her to give the car back but she does not want to. I told the finance company where to go get the car but they have not done so. What cant I do so that I can keep this from messing up my credit or my livelihood?

Asked on November 14, 2011 under Family Law, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to either pay the vehicle off or refinance it in your name and you need to go to court and file a contempt motion against her and sue for the vehicle. Have the court amend the divorce decree to have the car awarded in your name so you can mitigate your damages. The car title should not be transferred solely to her if you are on the loan. She cannot have her cake and eat it too, if she does not plan on buying the cake. So again, take her to court. It is the only way to solidify your rights and mitigate your damages.


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