Re: Credit Rollercoas
02-20-2010 12:46 AM
I would sell her car.
You might say that sounds drastic but she has been late on a payment and it hit your credit. If your name is still on the title, you can possibly sell it. You would be violating a court order and you would need to consider the ramifications of that. I can tell you that in the almost 6 years that my divorce has been going on, my to-be-ex has violated many, many court orders with ZERO repercussions. She even embezzled my company truck from my separate property business, sold it and I could do nothing. Check with your attorney first might be a good idea.
If you have no real attachable assets like a house, you are in an even better position. You might want to make sure her name is not on your car if it has any value above the loan.
I'd probably have to agree.
Generally, situations like these suck. You do have several options, but some of them aren't very pretty and others may end up being ineffective. You really should consult with your attorney.
Some options that I have seen work are ...
1. Make the payment for her, sue her in small claims court for the payment amount and garnish her wages.
2. Make the payment for her and offset the payment amount with what you owe her under a different concept.
3. Sell the car out from under her and then give her the money you received for it.
4. Go back into family court on a Motion to Show Cause and try for a contempt hearing.
5. Go back into family court and get a modification of the decree terms so that you pay off the $5,000 car, but she gets $5,000 less of your retirement.
The bad thing in situations like these is that the one spouse (probably her) already has terrible credit so they have nothing to lose by bringing the other (you) down with them.