Legal Question in Civil Litigation in Virginia

Re: Failure to Pay or surrender vehicle

There are two functionally separate cases here. One is the lienholder versus you and the ex together; the other is you versus the ex.

To analyze it legally, I'd have to know:

first and most important: has it been 30 days since your first communication from a collection agency?

who signed for the loan, both?

where did the divorce occur (county, state, & name of court)?

do you know exactly where the ex is living (yes or no)?

has the lienholder taken the car?

whose name(s) is the title to the car in?

top of the head suggestions: tell the lienholder where the car is and ask them to repossess it; tell the lienholder about your deal with the ex and ask them to go after her first - they'll say, that's between you and the ex and we can come after anyone we want - you say, sure that's true, but if you come after me, i'll bring the ex into the suit and you'll have to litigate my contract with my ex. tell them where the ex lives, works, banks, everything you know. point out it's easier to repossess & get a deficiency judgment against the ex than litigate w/you. offer to help. if you've gotten a demand from a collection agency, you have to do things within 30 days to protect your rights - see other messages about "fair debt collection practices act" or "fcdpa".

i suggest you call Mike Heath, esq. (757) 306 - 8822, who I believe practices in your part of virginia.

Re: Failure to Pay or surrender vehicle

Sure, you could file in Virginia SCC, assuming that you could get valid service of process on the defendant out in Wisconsin and establish proper jurisdiction over her in that state. But then what? If you obtain a judgment against her, in all likelihood you'd be facing very substantial problems in trying to enforce it.

The other alternative which you have mentioned,i.e., traveling to Wisconsin to attempt to get the divorce decree amended may also not be very cost effective when balanced against the $4000 still owed on the vehicle.

It might make more sense for you to arrange to pay it off(assuming that you have title or can get title)and then simply play repo man next time your out in the vicinity of Wisconsin.