Legal Question in Consumer Law in Virginia

Debt by ex spouse,

In 8/03 my husband returned to California from a Navy Deployment to find his wife at the time had decided to end their marriage (but not yet divorsed) and take up residence with a romantic interest in Missouri. At that time he asked that the power of attorney he signed for her to be returned. She stated it had already been destroyed. We found out sometime later, she in fact took the POA to a car dealership in Missouri after he asked for it, purchased a car in his name and had it repossesed. To date, we are being harrassed daily by a 3rd party who bought the old debt with a demand for payment. She will not answer letters or calls to them, instead referring them to us. Do we have any legal recourse on this matter? This company who bought this debt claims we over them over 9,000 and must pay it as she put him as primary owner on the car she purchased unbeknowst to him at the time, as well as after he asked for return of POA, however did not file any papers revoking it, as he believed she did in fact destroy it as she claimed.


Asked on 6/24/08, 1:49 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Debt by ex spouse,

Your husband should deny the debt and refuse to pay it on the basis that the charge to him was unauthorized and that the POA on which it was apparently based had already been revoked at the time that the debt was incurred. And that the real party in interest here that these debt collectors

should be pursuing is your husband's former wife

and the person who unilaterally made and defaulted on the loan for the vehicle.

Read more
Answered on 6/24/08, 2:30 pm


Related Questions & Answers

More Consumer Law questions and answers in Virginia