Legal Question in Appeals and Writs in Washington

Reposeded Car

When I was Married with my Ex-Wife she bought my Uncle a New SUV. I told her not to buy it for him. However she did, when my uncle was missing payments she threatened me to sign a paper where i was responsible for the car or she would call imigration on my family and my self. So I did I have my Brother as a witness (He however is a U.S. Citizen). So I signed the paper. A couple of months later she reposesed the car because my uncle was 3 months behind. I called my uncle and he was going to pay that month; but it was to late she had it picked up. one year later After I was already Divorse I get a call from the bank collection agency saying that I owe 9,000 for what was owed on the car. Because the divorse paper sayes I have to pay for it. I was wondering if I can sue my uncle for not paying the car (My Ex-wife is in collection for it, and she is whiling to sue him with me) is that possible? I really need help with this dept that is not mine; I was just cought in between!!


Asked on 3/23/09, 3:43 am

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

Re: Reposeded Car

If I understand this correctly, at first your ex bought the car in her name for your uncle and she made payments to keep up the loan when he did not, then demanded that you make the payments when he fell behind, which you did. Now that your uncle fell behind and you could not come up with the money, it was probably the bank (not your ex) who repossessed the car, but as far as the bank was concerned, your ex is still liable for it, except that now, through your divorce decree, the bank is looking at you since you agreed to be responsible for this debt.

Realistically, the bank can go after you or your wife or both of you. If they go after her, she can sue you as well, since you are ordered to pay this debt. You could sue your uncle, but you'll need a written contract to prove that he agreed to pay the loan. On the other hand, what good would it do, since he does not have the money for a monthly payment, what makes you think he can cough up $9,000 at once if you win?

I know that you are caught in between, but by taking responsibility for this debt in writing, that means something and the law does not listen to "I was just caught in between." We go by the written documents which say you're responsible. If you have a written contract that makes your uncle responsible to you, then yes, you can sue him, but again, as a practical matter, what good will it do?

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Answered on 3/23/09, 12:41 pm


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