Legal Question in Credit and Debt Law in New York

Divorced-but fighting over car payments- Credit going down the drain! Help!!

My x-wife and I have a car together. I am the 'primary owner'' and she is co-signer. I left the car to her when I moved out 2 years ago,so she would have a vehicle to get around with our kids. I have recently tried to get a loan from the bank- (I just purchased a home in Dec.) but was denied becuase of ''late payments'' on the car.- We have argued over this topic for months, and she has shown me she doesnt care if my credit gets bad because of her neglect. She still continues to make late payments. The car company says ''too bad, nothing we can do- your both still responsible''... our divorce papers say she is responsible for the car. I cant sue her- she has nothing!, All I want is to get my name out of the contract-so I can move ahead..- How can I go about doing this? I appreciate anyones legal ''advice''- thanks so muc- DQ in LI,NY


Asked on 3/22/05, 4:53 pm

2 Answers from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Divorced-but fighting over car payments- Credit going down the drain! Help!!

You cannot get out of the contract. I suggest you get the car back and take over the car payments yourself. That way you'll pay, get your credit repaired and have a car. Then when the lease is over you can do whatever you like... Also if your wife has "nothing" how does she pay for the car? She might have a job..if so you can garnish her wages (if you sue her and get a judgment for the funds she owes you). Good luck

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Answered on 3/22/05, 5:06 pm
Frank Loscalzo Law Office of Frank Loscalzo

Re: Divorced-but fighting over car payments- Credit going down the drain! Help!!

I suspect you already know the answer to your question. You are liable on the contract. Pay off the contract and that will solve your credit problems with regard to future late payments being reported. Your penniless wife is transporting "your" kids in the car. I suggest start thinking of this as sacrifice you made for your kids. Otherwise, you are just going to end up with a sour taste in your mouth. Assuming you cannot payoff the contract, I suggest you make the payments, and try to collect a monthly amount from your wife. Of course, once she sees you doing this, she will never have the monthly money.

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Answered on 3/22/05, 6:00 pm


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