How to go about taking car back?

[proudstepmom]

What is the name of your state? Nebraska

My husband's divorce was final almost 8 years ago. During the marriage, his ex ran up a $10,000 phone bill calling overseas, staying on phone for several hours a day. When they were separated, he bought her a car b/c she said she would work on getting back together if he did. She didn't, she took the car and left. In their divorce decree, it states that she is supposed to sell that car and pay off the phone bill. She never did and is still driving the car today. My husband legally owns it. He has the original title. What would be the correct way for him to get the car back legally? He still can't get a landline in his name.

 

[Adviceco]

What is the name of your state? Nebraska

My husband legally owns it. He has the original title. What would be the correct way for him to get the car back legally?

. . . and you came here, signed up, checked all the proper boxes, and wrote this ridiculous post when the answer is obvious? You've been eating too much corn. Get off the farm and get an education, okay?

IAAL

 

[Underthumb]

He has the title but is it in his name? If so he needs to report it stolen and get the police to take him and go get it? Have you tried contacting the police in this matter? I don't see why he can't get the police involved if the title is in his name. If it isn't in his name then he will probably have to take her back to court and she will get in trouble for contempt of court since the court ordered her to sell it and pay the phone bill which she didn't.

 

[proudstepmom]

. . . and you came here, signed up, checked all the proper boxes, and wrote this ridiculous post when the answer is obvious? You've been eating too much corn. Get off the farm and get an education, okay?

IAAL

Yeah, you really know a lot about the midwest. We're just a bunch of stupid hicks. Grow up

 

[Underthumb]

and you came here, signed up, checked all the proper boxes, and wrote this ridiculous post when the answer is obvious? You've been eating too much corn. Get off the farm and get an education, okay?
And you have to be so rude? God doesn't anyone here have that thing called compassion? Go look it up you need some dag on!

 

[proudstepmom]

He has the title but is it in his name? If so he needs to report it stolen and get the police to take him and go get it? Have you tried contacting the police in this matter? I don't see why he can't get the police involved if the title is in his name. If it isn't in his name then he will probably have to take her back to court and she will get in trouble for contempt of court since the court ordered her to sell it and pay the phone bill which she didn't.

Thank you for your reply. We asked the police how to do it and they didn't know. Nice huh? We want to just go take it from her, but don't know if it is as simple as that.

 

[proudstepmom]

and you came here, signed up, checked all the proper boxes, and wrote this ridiculous post when the answer is obvious? You've been eating too much corn. Get off the farm and get an education, okay?
And you have to be so rude? God doesn't anyone here have that thing called compassion? Go look it up you need some dag on!

I came here for advice, not to be made fun of. I don't understand why people have to be so cruel.

 

[Underthumb]

yeah that was the point I was getting at they didn't have to be so rude. I was trying to do a quote up there in that post but didn't know how...opps. If the title is in his name then I don't see why he can't get the cops to accompany him to go and repo the car. Is her name anywhere on the title?

 

[proudstepmom]

yeah that was the point I was getting at they didn't have to be so rude. I was trying to do a quote up there in that post but didn't know how...opps. If the title is in his name then I don't see why he can't get the cops to accompany him to go and repo the car. Is her name anywhere on the title?

Oh, sorry. Thank you though. Yes his name is on the title and so is hers, but he is named as the lien holder and I've been told that means ownership. Maybe I am wrong. A lot of people we have talked to say he is the owner if he is lien holder.

 

[IrishLady47]

If both of their names are on the title, they are co-owners of the car. He may have been the lien holder because the car financing was in his name only. He can take the car anytime he wants; however, he will not be able to sell the car without her signature on the title transfer OR she provides him a limited power of attorney to sign for her.

If the divorce decree required her to pay the phone charges and she has not, he should file contempt charges against her.

 

[LdiJ]

Oh, sorry. Thank you though. Yes his name is on the title and so is hers, but he is named as the lien holder and I've been told that means ownership. Maybe I am wrong. A lot of people we have talked to say he is the owner if he is lien holder.

Is he the lienholder because she owes the 10k on the phone bill? Or is the the lienholder because he somehow set it up that way?

In either case, if they are both on the title as owners, she has just as much legal right to have the car as he does. However, if he is the lienholder because she owes him money, he does have the right to repossess the car.
He could simply have it towed away from whereever she has it parked.

However, lets think about this carefully. We are talking about a car that's 8 years old. It has very little value at this point. Since she is still driving it, its probable that she can't afford alternate transportation. Is it really even worth going after at this point? If he had done it back then, when the car had enough value, if sold, to pay off the phone bill that would have been one thing.....but to do it now, when the car is worth very little, would just be spiteful.

 

[proudstepmom]

Thank you very much for your replies. Ldij, you're right. The car is not worth much now. And no she doesn't have adequate funds to buy herself another car. I think the main reason my husband hasn't taken it back is b/c it would make him look bad to the kids taking "their mom's" car. I doubt he will ever do it b/c she is going through her second divorce, lost her and 2nd husband's house to foreclosure, had her nice car repossessed about a year ago and now lives in a house that her parents bought for her and only has this little two door car to drive 3 children around in. She will pay for her actions later. Thank you for the advice.

 

[M A R Y APOLOGY]

proudstepmom
Junior Member Join Date: Nov 2005
Posts: 23

How to go about taking car back?

What is the name of your state? Nebraska

My husband's divorce was final almost 8 years ago. During the marriage, his ex ran up a $10,000 phone bill calling overseas, staying on phone for several hours a day. When they were separated, he bought her a car b/c she said she would work on getting back together if he did. She didn't, she took the car and left. In their divorce decree, it states that she is supposed to sell that car and pay off the phone bill. She never did and is still driving the car today. My husband legally owns it. He has the original title. What would be the correct way for him to get the car back legally? He still can't get a landline in his name.

Thank you very much for your replies. Ldij, you're right. The car is not worth much now. And no she doesn't have adequate funds to buy herself another car. I think the main reason my husband hasn't taken it back is b/c it would make him look bad to the kids taking "their mom's" car. I doubt he will ever do it b/c she is going through her second divorce, lost her and 2nd husband's house to foreclosure, had her nice car repossessed about a year ago and now lives in a house that her parents bought for her and only has this little two door car to drive 3 children around in. She will pay for her actions later. Thank you for the advice.

So, basically, this was just a STUPID POST. You needed someone to tell you this? Yes, you're right, "We're just a bunch of stupid hicks."

And this proves it.


IAAL

 

[ceara19]

Yeah, you really know a lot about the midwest. We're just a bunch of stupid hicks. Grow up

Hey, at least you're not a "dufus" like those of us in the south!

 

[capman44]

What is the name of your state? Nebraska

My husband's divorce was final almost 8 years ago. During the marriage, his ex ran up a $10,000 phone bill calling overseas, staying on phone for several hours a day. When they were separated, he bought her a car b/c she said she would work on getting back together if he did. She didn't, she took the car and left. In their divorce decree, it states that she is supposed to sell that car and pay off the phone bill. She never did and is still driving the car today. My husband legally owns it. He has the original title. What would be the correct way for him to get the car back legally? He still can't get a landline in his name.

First I want to thank you for your very understanding response to my question regarding my wifes mental health. I think you were the ONLY response I received that was understanding of my situation.

And I saw another response you made about people from the midwest and how we're all hicks. Isn't it so! People do think that. I'm in Nebraska also and I know. It doesn't matter that I've lived in Seattle and Boise. I'm still a stupid hick! (Ha-Ha)

As to your question. I don't think divorce court or family court, wnichever it is called, would enforce the fact that it was ordered to be sold. (I don't think) If they don't, you can always take her to small claims. I've personally had to sue for things in small claims several times in my life so I feel I can speak intelligently about it. A small claims filing fee is very minimal. You just need to bring the divorce decree and title to the car with you and that should be enough for a small claims Judge to award the car back to your husband. Especially since the car is still in his name. But you would still face the same problem with enforcement of the Judges decision. BUT with a small claims decision you can do things like; garnish wages, attach bank account funds, etc.

I wish you the best of luck and again, thanks for standing up for me when I was being lambasted!