Divorce/car repo

[Sunmune]

What is the name of your state?not sure

Trying to help out a friend, here's the situation:

A couple of years ago my son got divorced. Prior to that he and his wife had bought new Saturns. In the divorce settlement they were each awarded their own car (with loan). It was spelled out specifically who got which car. To make a long story short, Jerry paid off his car while she let hers go to repo. Both of their names were on each loan.

Now GM Financing says he/they need to make good on the loan or he will be hit with a judgement. It was explained that this car was listed in the divorce decree as 'hers'. GM told me that they supercede anything the court/judge says and he owes the money equally with her. She doesn't care and will let it go regardless. Jerry, however, doesn't want a hit on his credit.

Some additional info. He was military and deployed for war while all this happened. The car was repoed and 9500 is still owed on the car.

Any advice would be greatly appreciated

[LdiJ]

Originally Posted by Sunmune

What is the name of your state?not sure

Trying to help out a friend, here's the situation:

A couple of years ago my son got divorced. Prior to that he and his wife had bought new Saturns. In the divorce settlement they were each awarded their own car (with loan). It was spelled out specifically who got which car. To make a long story short, Jerry paid off his car while she let hers go to repo. Both of their names were on each loan.

Now GM Financing says he/they need to make good on the loan or he will be hit with a judgement. It was explained that this car was listed in the divorce decree as 'hers'. GM told me that they supercede anything the court/judge says and he owes the money equally with her. She doesn't care and will let it go regardless. Jerry, however, doesn't want a hit on his credit.

Some additional info. He was military and deployed for war while all this happened. The car was repoed and 9500 is still owed on the car.

Any advice would be greatly appreciated

Sadly, GM is right. GM is not a party to the divorce and is not bound by the terms of the divorce. He basically has two choices, either settle with GM and go after his ex for not honoring the divorce decree, or file bankruptcy against the debt.

If he chooses to settle, he should not just roll over on the amount that GM is asking for however...they did get back the car and could very well settle for less.