Repossed car

[quote=Janet Burns]My now ex husband purchased a VW Jetta many years ago and signed his father's name and cosigned my name on the loan. I found this out years later. In the end he never finished paying it off and the debt collectors came after me. I ended up paying off the bad debt and never reported my husband at the time. Now I am finding out that the car was repossed. And all of this is on my credit. Is there anyway to remove all of this? And why did I have to pay the debt when the car was repossed anyway?[/quote]

HI, this is a very serious situation. Are you saying that your ex-husband signed your name as a cosigner on a loan without your consent. Well based on my fledgling legal knowledge, if those facts are true, that agreement is not binding.

One can not create a contract based on fraud or without the person/party in the contract agreeing to the terms of the contract. Because that does not constitute an acceptance. Without a valid acceptance, you don't have a contract.

So, I would suggest that you contact a lawyer to take action against your ex husband. He has to take care of this loan and clear it up. And also, you have to get this lawyer to remove your name from the loan. Because as long as your name appears as a cosigner, you will still be held responsible for any negative actions that may be taken against the person receiving the loan. So you should contact an attorney take care of this immediately.

After this, you could take steps to clear this from your credit report. the lawyer should also be able to help you with this. After you take legal action, you should send all relevant documents surrounding your story to the credit bureau in order to dispute those records. They should remove this from your report because you should not be held responsible for this fraud.

And to answer you other question, they are still asking for payments for the repossessed car because they still need to collect as much money that they initially gave you. The collection agencies profit from collecting as much of the old bill as possible.

I think I paid off a total of $3k to the credit people to clear my name (that was the remaining amount of the unpaid loan). If they sold it I am sure it went for more than that. Any idea how I can check to find out how much the car was purchased for?

Is there any way around the lawyer or anyway to find a cheap lawyer (if there is such a thing)?

PS THANK YOU FOR YOUR HELP! I HAVE GOT SOME USEFUL INFORMATION IN YOUR WEBSITE

Hi Janet

Welcome back. Though it may be tough, but you can contact the car dealer to open up the file for your convenience.

Please check out this link to find some helpful attorneys who will solve your case efficiently.

http://forums.debtcc.com/forums/about417.html

Please let us know the update and keep visiting regularly in the forums.

Regards
Roxette

Thank you for your response. If I ask the dealer to open up the case, what do I say so that I can affectively get it? (Meaning what reson do I give them for my request)

PS Should I also confront the bank that issued the loan?

Janet, if you show all your papers and your move to file a case in the court, I am sure that the dealer won't be reluctant to do the needful.

No doubt, that you need to confront the bank but I will suggest you to take the guidance of your lawyer first. The lawyer knows how to deal with these cases professionally, so he will assist you to make the right move.

Regards
Roxette

my boyfriends car was repossed about 3 months ago and he got his dad to co-sign. Now he has a differnt car that he got through someones elses name. What will happen to his credit and how long before they send it to collections? Is there anything he can do to help straighten this out?

I am the cosigner on a vehicle that mmy husband purchased. We are on the verge of a divorce. i do not have a driver's license and he is behind on his payments. They are talking about garnishing 25% of each parties' slary. What can I do so that I do not get affected?

My daughter had her car repossed over 15 yrs ago and when they picked it up she sign a paper that said she would not have to pay for it i read the paper myself and now after all that time a lawyer is calling and harrassing her and her family saying that she would be picked up and put in jail if she does not pay him $1500. I had the paperwork but with katrina we lost alot of that what can she do is this possible,

I would check the statute of limitations in your state. It seems to me if this happened 15 years ago the SOL would have run out by now.
Also, have your daughter send a debt validation letter to the collection agency. There are samples of these letters under the do it yourself section on this site.
It seems to me a junk debit collector has picked this up.
Make sure it is a legimate debit and not out of SOL before she agrees to pay a dime.

I forgot to mention that they CANNOT put her in jail and even threatening to do so is a violation of the fair collection practices law.

Report the lawyer to the bar association of which ever state they are located in. Be sure to include the bit about them threatening you with jail time over a consumer debt. Even if it weren't actually an attorney talking to you, the attorney has his name on the business, and is just a resposible for the act.

Lawstudent, as much as I would love to agree with you in theory; in practice, it doesn't work that way.

If one of my associates messes up majorly, it doesn't necessarily fall on me (the partner) in this matter, if the associate got canned.

"your honor, this act was committed by a former member of my staff who involuntarily terminated his employment shortly after"

Adjournment granted

"Your honor, I had no knowledge this activity was going on"

"Be a little bit more careful about your office's practices"

Lawstudent, you will soon see that there are a lot of theories you learn under the ivory tower that end up being dispelled very quickly.

I had one grade a moron serve a subpoena upon my client, however, if I were to move for sanctions; I would be chastized for attempting to cut the throat of a fellow bar member whose staff member merely made a mistake.

Wouldn't the fact that "your honor, this act was committed by a former member of my staff who involuntarily terminated his employment shortly after"
be an admission that someone did something wrong and be a bad reflection on the company you represent and some sort of complaint would be filed against said company?
you're talking to a lawstudent who still believes in the system I think..

You are going to need to file a police report for ID theft if you had no knowledge of the vehicle contract. That is going to be the first step in getting this removed from your credit report. Then you are going to need to contact a lawyer who handles fraud and id theft.
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If you are a cosigner (who put your own name on the contract) then you are just as responsible as the main party. A divorce will not abolish the contract nor remove your name. My suggestion would be to have your spouce get a loan to cover the debt assigned to them by divorce decree so that it will be in their name only and any debt is cleared of your name.