Legal Question in Family Law in Texas

I recieved a divorce 3 years ago. I am the primary on the truck that was given to him in the divorce decree. He is suppose to be making the payments, but has not. My new husband has an account at the same bank as the truck loan, since my name was never taken off the loan, and I have a joint account with my new husband, the bank took $1,000 out of our savings to pay for previous past due payments. Now the bank has informed me that he has until the 15th of the month to pay the past due month or all of the loan is due. I and my new husband have many accounts with this bank and I've been told that I will not be able to do business with them if this loan goes to collections. There is still a balance of $1,500, what can I do? My ex can't/won't refinance the balance. If I make the rest of the payments can I take posession of the truck?


Asked on 8/04/10, 2:36 pm

1 Answer from Attorneys
TC Langford Langford Law Office

You can take possession only if you are a lienholder on the truck, and if you follow proper repo procdures.

Depending upon the language of your divorce decree, you can file an enforcement action with the court, seeking your damages, costs and attorney fees. Enforcing a provision that requires refinancing is almost impossible, since the court can't order a 3rd party to loan him money. If he can't qualify, he can't qualify. If your decree is worded correctly, you could be able to take a judgment against him for the damages.

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Answered on 8/09/10, 2:56 pm


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