Legal Question in Credit and Debt Law in Virginia

To Re-po, or not to Re-po? -that is the question.

My girlfriend, who's divorced, is having difficulties with her ex-husband regarding credit. She was nice enough to co-sign with her ex-husband so he could get a car. This is after their divorce. Her name comes first on the loan agreement. Her ex-husband has decided he dosen't want to make the payments anymore. She had a 3 month over due bill for $1,347.68 mailed to her after the credit company did not recieve payment from her ex-husband. My question is thus: Could she make the sure there's nothing outstanding on the car payments and tell the credit company to re-po the car, and could she do this without affecting her credit? One more interesting fact. My girlfriend drew up a contract with her ex-husband stating that he would make the payments, and this contract was offically noterized. All of this is in the state of Virgina.

Her ex-husband seems to want to ruin her credit. They also had a joint account with Circut City that was supposedly canceled. Her ex-husband charged up a total of $872.89, and telling Circut City he's not making the payments on that as well. So, should she have the credit company re-po whatever her ex-husband bought from Circut City too?

Thanks in advance.


Asked on 10/04/00, 2:51 pm

1 Answer from Attorneys
Debra Palomino PALOMINO LAW FIRM, P.C.

Re: To Re-po, or not to Re-po? -that is the question.

In my experience and practice in Arizona, having the vehicle and the Circuit City items repossessed will adversely affect your girlfriend's credit as well as her ex-husband's. Since your girlfriend was smart in having her ex sign a contract, she should notify him in writing of the amounts due and if the debt is not paid, she should sue him for all damages she sustains. However, suing the ex is not going to stop the creditors from going after your girlfriend's assets. She needs to get the vehicle, pay the delinquencies and either sale the car or keep it and make all future payments. By selling or keeping the vehicle, she does not lose her claim for reimbursement against the ex. For more specific answers based on your state's laws, please contact an attorney who is licensed to practice in your state. Good luck.

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Answered on 11/03/00, 1:13 pm


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