Advice needed.

Discussion in 'Members Lounge' started by SLRdude, Oct 1, 2008.

  1. SLRdude

    SLRdude

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    Does anybody know the proper way to repo a vehicle?

    Thanks.
  2. RW16610

    RW16610

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    I am not too sure but it does depend on a lot of things. Have seen on TV companies / people who have a job to simply stalk the person and "steal" the car back when they stop to go in a grocery store etc. This was on the Discovery channel show "Hazard pay". You can look up the laws in your state along with any other info you can dig up on the internet.
  3. DSimon9

    DSimon9

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    Chip, you like your boss' car that much? :thinking:

    When in doubt leave it to the professionals. They would be the ones familiar with the nuances of the techniques involved and local laws. Many cars today come with an electronic system where you must use a key to start the car. So towing it might be an option. Literally my $0.0002 worth.
  4. SLRdude

    SLRdude

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    It's a complicated situation that I have allowed to go on for way too long and I am not sure how to handle it, and I am trying to find an answer without paying $$$ to a lawyer.

    It all started in April 2005 when I said the wrong two words to somebody.
    When she said "I Do" I should have said "With Whom?" but instead I said..."I Do". :banghead:

    Anyway, I bought a car in April of 05 for my wife at the time, and about one year later we went separate ways.
    The judge gave her 90 days from the date the divorce was over to refinance the car and move it in her name. That was 2006.
    It is now 2008 and almost two years later and she has not even attempted to refinance the car.

    I let it go for this long cause she has bad credit and she would never be able to get a decent car in her name. Also, she has never missed a payment or failed to maintain proper insurance.

    However, recently she discovered that she can run red lights and toll booth without having to pay for it because the car is registered to me so I am legally liable for any toll charges or fines that the vehicle might incur. Obviously, she is not interested in paying for those. :dummy: :dummy:

    I am now stuck with hundreds of dollars in toll tag fees and a couple of red light photo enforcement tickets. State of Texas says that the legal owner is liable and not the driver, and it is the responsibility of the owner to settle with the vehicle operator.

    After attempting to talk to her about a change in financial responsibility, I got nowhere. She has zero interest in doing so especially since she would never get approved for credit. She basically refuses to even call me back or reply to my emails

    Any idea on how to handle this?? :banghead: :banghead:
  5. daveathall

    daveathall

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    Could you report the car as stolen?
  6. Xelor

    Xelor

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    In my opinion she is in violation of a court order given that you stated she was required by the judge to refinance the car within 90 days and she didn't. I would lawyer up as they say and cover yourself before you become liable for something she did. I would have the lawyer type up a nice letter on letterhead detailing the violations, and citations and require her to reimburse you for all these expenses and your legal fees!
  7. RW16610

    RW16610

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    Damn Chip I am so sorry to hear you got mixed up with the wrong woman. Sadly as complicated a situation would be best worked through with a lawyer. You are liable for the fines but will have to try go after her legally for them. I do not think Texas is a community property state so her credit as your former wife would not mess yours up:

    http://www.fairmark.com/spousal/comprop.htm

    You just need to keep looking into stuff like this but again, it is best done with proper legal advice. Hopefully some people can learn from this and not have it ever happen to them. Wish you the best of luck Chip and will keep my fingers crossed for you.
  8. SPACE-DWELLER

    SPACE-DWELLER

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    Did you let it go officially? That is in writing? Or did you just let it go by time passing by? If there is nothing in writing, as Jeff states your ex-wife would still be in violation of court. I'd get a lawyer as soon as possible. You should have a strong case.
  9. SLRdude

    SLRdude

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    Not officially.
    She was supposed to have the car changed to her name by the end of Feb 2007, which she did not do.
    I have attempted many times to get her to refinance but she never did it. I always got a "OK. I'll look into it" but nothing ever got done.
    The only reason she is making the payments is because she knows she would never get approved for another car. :laugh: Honestly, she couldn't get financing for a 10 dollar item! :laugh:

    I have a judge degree that states that if the car is not moved by Feb 28 2007 then I have full rights to the car.
    However, turns out I can not just repo the car because she is making payments on time and maintaining insurance.
    Legal loop holes! lol
  10. RW16610

    RW16610

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    Yeah the legal loop holes can really suck. Hopefully you get this all sorted out soon though.
  11. colemanitis

    colemanitis

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    I wouldn't know where to start, but I'm sure there's a legal process you'll have to follow. I hope you get this resolved soon, Chip.
  12. SSD

    SSD

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    As a deputy who occasionally deals with these issues, I have an idea. Actually, two. But first, note there is a difference between a legal owner as shown on a title, and a registered owner on the license plate's information. Who makes the payments does not confer ownership unless a judge intervenes.

    1. You can show the divorce decree and make a case that your ex-wife is actually the vehicle's rightful owner, and that she is driving it without changing the registration as she was required by both codified law AND the decree. Her making payments solidifies this position. Throw the whole thing on her, hey, its worth a try. It might even get her a ticket. But, that will have to be taken up with whatever enforcement agency/agencies made the cases. I am not familiar with Texas law. And,

    2. Seek a court-ordered repossession. That would (in Ga. anyway) cause the county Sheriff to carry it out, and eliminate doing any dirty work yourself. It may be less expensive than paying some repo man as well (I don't like them at all. Scumbag potential! One step down from bounty hunters...). Don't try a repossession yourself- street cops, if called, can't let you take property without an order from a court and such an incident would muck up a court case bad, even with the decree in hand at the scene.

    You will probably need a lawyer for these two options, and definitely cannot (for obvious reasons) try both.

    I just hate to see you in this bind and facing third party harassment. You cannot do it, but she needs a good :rant:ing out. Hope everything turns out well for you!

    :cheers:
  13. GMT

    GMT

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    Man, have I had to pay my share of stupid tax in my life. How much is left on the loan? I have gone the legal route and it is not always cheap or rewarding. Get this woman out of your life and cut off all contact. Unless the amount is beyond reason, pay it off, give her clear title, and smile at what a great person you are and what a great life you have. :cheers: I feel for you; man I really do.