Legal Question in Credit and Debt Law in Nevada

Collections as cosigner related to divorce and repo

I have been contacted by a collection agency about a car I co-signed on for my now ex-wife. She declared bankruptcy and let the car go to repo without telling me in 2001. I spoke with the original lender recently who informed me that a letter of sale(auction) was sent to me after I complained of having no notice of or the opportunity to take over payments and claim the car. Since I can't have the car I asked if I could settle for a smaller amount(which is now about $6,000). The lender told me it wasn't in their hands anymore and that all negotiations would be with the collection agency. They of course told me just the opposite- there are no negotiations except with the original lender. I haven't made any payments on this as I am exploring all options.

I would like to know what routes are available to me. Is there a statute that has passed? Can I challenge this since I didn't receive notice? Can anything be put back on my ex or her lawyer? If I have to pay, how small can it be settled for?

Thank you for any and all assistance


Asked on 2/27/05, 12:27 am

2 Answers from Attorneys
Leon Greenberg Leon Greenberg Professional Corporation

Re: Collections as cosigner related to divorce and repo

My involvement with law guru is not to give legal advice or opinions. People can contact me through law guru, and if their situation is something that I may be able to assist with, I will respond to investigate the circumstances further. Your situation is not one that I can assist with. This is not to say you have no legal recourse, I just cannot help you. I am responding to your post as a courtesy.

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Answered on 2/28/05, 8:12 pm
Grenville Pridham Law Office of Grenville Pridham

Re: Collections as cosigner related to divorce and repo

Nevada statutes require that notice be given to you of the repossession and the amount to redeem the vehicle. The remedies you have available depend on whether the creditor mailed the appropriate notice to you at the address that you gave them. If they mailed a notice to an old address and you never updated your address with them, you may be stuck, but negotiations are always possible for a lesser amount.

My experience with these is that the co-signer is frequently not sent the notice and the company responsible for the mailing will misrepresent that the co-signer was noticed when they only mailed a notice to the other person.

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Answered on 3/03/05, 12:23 pm


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