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ex's car impounded, collection agency taking me to small claims

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dottie123

Junior Member
What is the name of your state? Oregon

The divorce decree for my ex and I signed 3/17/05 shows him being awarded our 1996 Ford Escort. I signed the title over to him on 3/15/05 which he lost, but I have a copy showing my signature. He did not change the title or registration.

The car was impounded by the police from his current residence at that time on 4/07/05. I recieved a letter in both of our names from the tow company regarding the impound and intent for auction if not claimed. I immediately sent them a letter back stating it was not my car due to the divorce and I had no legal claim to or responsibilty for the car. I do not believe they ever contacted my ex.

In June I got a letter from a collection agency requesting the residual balance from the auction of the car ($395) for the tow and impound bill. I sent them a similar letter stating it was not my car.

A month later I got a call from the collection agency wanting proof it was not my car. I told them I had filed a Notice of Transfer with DMV dated 3/15/05. I gave the information to DMV around 4/20/05 when I was in changing my address and taking my ex off the title of the car I was awarded. I didn't tell the collection company of the 4/20 date. They said they would get the info from DMV.

A month later I get another call asking me how things were preceding. I said I assumed they had gotten the info they needed from DMV. She said oh my supervisor said you have to do that, we can't. So I get the transer which shows identifying info for the car, my signature dated 3/15/05, my ex's DOB, but his name is whited out by DMV for confidentiality purposes. I call the collection agent she says to fax it over to her. I do so right away.

One month later I get another call stating that the transfer wasn't good enough. I needed something from DMV with a counter stamp date on it and my ex's name. Now I am frustrated. I send my divorce papers, copy of the title, and a letter dated 9/13 stating I needed a response from them by 9/21. No response.

On 10/19/05, across the road from our house at the mailbox, my mother was served two copies of a notice of small claims. The server said maybe I could give a copy to my ex. The order shows his address as mine. My mom explained that he had not lived here in 23 years and that she had not seen him in over a year. I intend to send that copy back certified mail to the colllection agency explaining why I can't give it to my ex, which of course, they already know why.

I intend to ask for a hearing. What can I counter claim? I want my hearing seperate from his, if they ever locate him, since it would be quite uncomfortable due to the divorce and his drug addiction (also in the divorce papers) I feel very harrassed by this company and I don't believe they have made any effort to find my ex.

Thanks for your help.
 
Last edited:


panzertanker

Senior Member
JETX said:
Sorry, but if your name is on the original lender papers.... YOU are still responsible for this. The family court order doesn't mean anything to your pre-existing liability for this loan.
JET, It is a 395 bill from the tow company to pay off the remaining balance of the impound fee. OP states she was no longer owner of the car, and has the proof.

Doesn't this absolve her from responsibility?
 

JETX

Senior Member
panzertanker said:
JET, It is a 395 bill from the tow company to pay off the remaining balance of the impound fee. OP states she was no longer owner of the car, and has the proof.

Doesn't this absolve her from responsibility?
Yes. My error!!
I was somehow under the impression she was complaining about an outstanding balance on the loan. I have deleted my errant post.... but leave my admission of error.... :(
 

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