How and when can I "repo" vehicle from EX in Michigan

[kevin62]

What is the name of your state? Michigan
My Divorce was over with a few months ago. I won by default, as she never showed up.
Anyways, it was ordered by the judge that she continue to pay for the the upkeep, and remaining car payments/ insurance on the vehicle that she has and has been driving (but that is still in my name due to her credit problems not allowing it to be switched over).
The Judge ordered that if she defaults on the payments to me, that she will have to give back the vehicle so that I can make the payments and protect my credit.
She is now 560 dollars behind (130 short from last month, plus this months 430, coming up on this months payment as well), not to mention shes not making the ordered child support payments.
My question is, can i legally go to her house and take back my vehicle. I certainly do not want to make the payments myself while shes out driving it around.
If so, what are the procedures. Do I have to notify the local police dept of such activity?
I did use a lawyer in this case, but am not real happy with her business. (hard to get ahold of and not returning calls. Convienant now that its over and shes got her money...lol).
Thanks in advance,
Kevin

 

[seniorjudge]

What is the name of your state? Michigan
My Divorce was over with a few months ago. I won by default, as she never showed up.
Anyways, it was ordered by the judge that she continue to pay for the the upkeep, and remaining car payments/ insurance on the vehicle that she has and has been driving (but that is still in my name due to her credit problems not allowing it to be switched over).
The Judge ordered that if she defaults on the payments to me, that she will have to give back the vehicle so that I can make the payments and protect my credit.
She is now 560 dollars behind (130 short from last month, plus this months 430, coming up on this months payment as well), not to mention shes not making the ordered child support payments.
My question is, can i legally go to her house and take back my vehicle. I certainly do not want to make the payments myself while shes out driving it around.
If so, what are the procedures. Do I have to notify the local police dept of such activity?
I did use a lawyer in this case, but am not real happy with her business. (hard to get ahold of and not returning calls. Convienant now that its over and shes got her money...lol).
Thanks in advance,
Kevin

Take her to court in your original lawsuit for contempt. The judge (if she is found in contempt) will issue an order for you to go get the car.

 

[kevin62]

Take her to court in your original lawsuit for contempt. The judge (if she is found in contempt) will issue an order for you to go get the car.

I'm not sure if it would cost me to do that, but if so, between paying for the insurance, car notes, the kids (of which she isnt helping with) etc etc, I wouldnt be able to afford to take her to court. Would I need a lawyer again? Will there be court cost on my behalf to pull her in?
In the property settlement of my divorce, it states "the defendant (her), within 7 days of a missed installment payment, turn over ownership of said vehicle to the plaintiff (me)".
With this being said, do I still have to pull her back into court to get it back???
Thanks for the advice,
Kevin

 

[fairisfair]

I'm not sure if it would cost me to do that, but if so, between paying for the insurance, car notes, the kids (of which she isnt helping with) etc etc, I wouldnt be able to afford to take her to court. Would I need a lawyer again? Will there be court cost on my behalf to pull her in?
In the property settlement of my divorce, it states "the defendant (her), within 7 days of a missed installment payment, turn over ownership of said vehicle to the plaintiff (me)".
With this being said, do I still have to pull her back into court to get it back???
Thanks for the advice,
Kevin

Yes, you have to go back to court, no you don't need an attorney in a contempt hearing (although of course, it is always better to have legal representation) Go to the courthouse and ask for the proper forms for filing. You will have filing fees of course, any other fees should be explained to you by the clerk. You can also petition to have fees waived in some hardship cases, ask about that as well.

 

[kevin62]

Yes, you have to go back to court, no you don't need an attorney in a contempt hearing (although of course, it is always better to have legal representation) Go to the courthouse and ask for the proper forms for filing. You will have filing fees of course, any other fees should be explained to you by the clerk. You can also petition to have fees waived in some hardship cases, ask about that as well.

Thank you for the information. I will use it wisely.
Sincerely,
Kevin