Legal Question in Civil Litigation in Virginia

I am recently divorced and my settlement agreement was made part of the divorce decree and is now a court order. Among other things, the SA specifically states, my ex was supposed to remove my name from the title of his truck. At the time, we had to await proof from the bank that the lien had been satisfied. I recieved that letter in the mail after the issue had been brought up in court. However, since the receipt of the letter, my ex has disappeared and abondoned his truck in the parking lot of where he used to live. He went to forclosure on his house and has now completely disappeared w/out a trace. The truck has now been impounded and I'm being told I am responsible for the $2,000 bill. They will auction the truck but I will be responsible for the remaining balance. I cannot locate my ex at all. I don't believe he has a job as he hasn't worked in over 6 yrs. I can't take him to court because I have to have him served and I don't know where he is. Is there anything I can do to get DMV to remove my name? I tried before but they told me we both have to sign. Can I file something w/the court requesting them to order DMV to remove my name w/out his consent?


Asked on 4/10/10, 12:13 pm

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

No, you cannot, and under the circumstances described you would appear to have little choice but to pay the $2K. (The lender on the truck is not bound by the terms of your court order/decree and will continue to hold you responsible for whatever remains unpaid, and DMV cannot be made unilaterally to do anything about having your name removed from the title to the vehicle.)

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Answered on 4/15/10, 5:57 pm


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