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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40095
Experience:  30 years in civil, probate, real estate, elder law
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My fiancée and I are having a problem with her ex husband

Customer Question

My fiancée and I are having a problem with her ex husband who currently lives in another state. As per the terms of their recent divorce he was to refinance a car and motorcycle that were purchased in both my fiancée name and his. He express that he would not be able to refinance and the bank was about to repo the car. He than convinced her that he would ship it to her across country so she could trade it in on another vehicle. When the car arrived it was in terrible mechanical shape. I then got involved and found out that he was $11,000.00 upside down in the current loan for the vehicle. I'm at a lost now about what to do in this situation. He was the only person to have this car since the inception of the loan and has lied a manipulated the circumstances to where this is now my fiancée and I's problem. A little help of incite would be appreciated. -Jay
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You have a couple of options.If the car is junk you can turn it in here and see if they sue for deficiency.She can also sue here where divorce was granted and seek judgment for the amount she lost on the vehicles.If the creditors get a deficiency judgment she may be looking at filing Chapter 7 here to discharge the judgments.Turning in the vehicle may be only option if car is not sellable as is. I am thinking a Chapter 7 for her may be necessary if they sue for deficiency.No easy choices here.

She has right to sue the ex here for what her losses are, she has to decide if he has anything to collect from if she gets such a judgment.Thats a possibility if she thinks he has assets to collect from.

These are the options as I see it here.She may have to turn in the car for what they will credit her and if they sue then she has to consider Chapter 7.I am so sorry she had this done to her by the ex.Her options are the ones I set out above.

Expert:  Ray replied 1 year ago.

Jay I do appreciate the chance to help you today.I wish both of you the best.

Expert:  Ray replied 1 year ago.

Chapter 7 reference..

http://www.legalconsumer.com/bankruptcy/filing/state.php?st=CO

Chapter 7 would allow her to discharge the debts and put it back on the ex as far as collection here.

Thanks again.