Legal Question in Family Law in California

Re: Loan Problem

You can go into the dissolution court and get the title of the vehicle in your name so that you can sell the vehicle. You can also get an order that your ex pay the loan or at least reimburse you half of what you end up paying. FAX me a copy of your final judgment and a phone number to reach you at (619)589-8577 and I will give you a free phone consultation to let you know what steps you need to take, or you can set up an appointment for a $40 consultation in the office. Without reviewing the judgment no one can really tell you what the next step you will need to make. Good Luck, Pat McCrary

Re: Loan Problem

First of all, the amount you will be sued for will probably be over $10,000 b/c this is the amount they always sue for. Given that reality, you now need to decide what is in your best financial interest. 1. You could go back to divorce court, which will just cost you more money and probably accomplish next to nothing--not recommended 2. You could negotiate an arrangement with the finance company--they will usually agree to settle for an amount around $5,000. Then after you settle, you can sue your husband in divorce court or small claims for the amount you paid. 3. You could defend yourself in the lawsuit by claiming the finance company is violating Regulation Z and M, which will cost you about $10,000 and not guarantee a win--not recommended. 4. You can file bankruptcy which will cost you about $1,000.

Re: Loan Problem

You are in a pickle because you are obligated to pay the loan as you are a co-signer. I recommend the following:

1-Get the vehicle in your possesion if possible, maybe you can report it stolen. You may have to do some explaining to the police given the car is not registered in your name. Once you have it sell it.

2-Work with the creditor in explaining everything that is going on and try to negotiate some sort of settlement of the debt. You should also tell them to reposess the vehicle.

You may want to condiser consulting a lawyer for the debt negotiation.