Ex husband cashed check

[Kristina1107]

Michigan - I was divorced in June. I had a leased vehicle with my husband. I was awarded the lease and debt and he was cleared of that vehicle. Last month I turned that vehicle in early. The dealership wrote the financing company a check for the outstanding balance on that vehicle and I financed it into a new vehicle I purchased in my own name. Well, the financing company realizes they over charged and submitted a refund for that check. They submitted that refund on the lease account with husband name and mine on it. The check was wrote to both of us and then mailed to his house. He then cashes the check without my signature and is saying that I told him he could keep the check. What can I do legally? Can I file a motion for enforcement of our divorce. Technically the money was never his to begin with.

 

[LdiJ]

Michigan - I was divorced in June. I had a leased vehicle with my husband. I was awarded the lease and debt and he was cleared of that vehicle. Last month I turned that vehicle in early. The dealership wrote the financing company a check for the outstanding balance on that vehicle and I financed it into a new vehicle I purchased in my own name. Well, the financing company realizes they over charged and submitted a refund for that check. They submitted that refund on the lease account with husband name and mine on it. The check was wrote to both of us and then mailed to his house. He then cashes the check without my signature and is saying that I told him he could keep the check. What can I do legally? Can I file a motion for enforcement of our divorce. Technically the money was never his to begin with.

How much money are we talking about? You can take him to court for contempt for not giving you the check, but its equally your fault that it went to his address instead of your new address, and court costs might cost you more than the check is worth.

 

[Kristina1107]

$800. He was first signer on the car. They automatically send it to the first signer on the lease. The whole thing is he signed off on this car in the divorce and even if he hadn't, the check has nothing to do with him. Is the bank responsible for cashing it without my signature?

 

[Zigner]

$800. He was first signer on the car. They automatically send it to the first signer on the lease. The whole thing is he signed off on this car in the divorce and even if he hadn't, the check has nothing to do with him. Is the bank responsible for cashing it without my signature?

The bank is not responsible. This is all on your ex-husband.