I foolishly co-signed for a car after my divorce with my ex-husband. He got behind on the payments and I ended up making all of them. I wanted to sell the car and he will not release his name off the title. So I filed a claim in small claims court and won a judgement in the amount of $14850.00. I had to file a garnishment and of course he doesn't keep a job so no money has been received. I have the car, but it is almost paid for after 4 years. Problem, his name is still on the title and I am afraid he can make a claim on it. A friend that is an attorney told me I can file an attachment to the garnishment for a lien on the car. Even though I have the car, he said I could file an attachment for any property he has (which the car is the only thing he has his name on). Anyone ever heard of this and how do I go about it?

Hello Katie:

Well, he can make a claim on it, but yours is better because you have it. And, who is he going to make the claim with, anyway? The cops? They don't care.

So, he's your co-owner. Who cares? When and if you ever decide to sell, tell him you'll give him $100 to sign the title. Unless he hates you, and wants to spite you, he should sign the title because he's not ever going to get anything else. Plus, if he doesn't sign it, you're going to sue him in small claims court. I would too, because I believe you'd win.

excon

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Originally Posted by excon

Hello Katie:

Well, he can make a claim on it, but yours is better because you have it. And, who is he gonna make the claim with, anyway? The cops? They don't care.

So, he's your co-owner. Who cares? When and if you ever decide to sell, tell him you'll give him $100 to sign the title. Unless he hates you, and wants to spite you, he should sign the title because he's not ever going to get anything else. Plus, if he doesn't sign it, you're going to sue him in small claims court. I would too, because I believe you'd win.

excon

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Sorry, I am still confused. I already sued him in small claims court and won the judgement and do still have the car. He will not sign the title over, even when the judge strongly suggested him to. He told everyone "nobody would sell his damn car". Lots of hate and spite there. Do you know if I can file an attachment for property to keep him from getting the car?

Hello again Katie:

I don't know what that is, and I don't know how he's going to "get" the car, unless he steals it.

Do you have a court order awarding you the car?? I'd take that to the DMV and apply for a new title. The judge could have done more than strongly suggest... I never ran into a judge that strongly suggested I do anything... They TOLD me in no uncertain terms.
I don't know what to do next if that doesn't work. You could always file for that attachment thing you keep talking about.

excon

What you are looking to do is levy personal property and this is done via court order to the county sheriff. Where I am, it costs about $500 for the bond to have them take the property to be sold at auction and the proceeds applied to the judgment.

If his name is on the title, he can come and take it any time he wants and you would be able to do nothing. I suggest, having the car re-keyed. Both the ignition and the doors, this way, he won't be able to just drive away in it.

You really should have had the title in court and got the judge to order him ( not suggest) him to sign, and if he refused to sign, have him held in contempt of court. I will assume you did not have an attorney in court.

But yes, you should be able with a judgement put a lien on the car since it is in his hame.

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Originally Posted by Fr_Chuck

You really should have had the title in court and got the judge to order him ( not suggest) him to sign, and if he refused to sign, have him held in contempt of court. I will assume you did not have an attorney in court.

But yes, you should be able with a judgement put a lien on the car since it is in his hame.

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Thanks, this was a hearing concerning the garnishment in another county. He keeps getting fired and going to different counties to work and I have to refile the garnishment in each county. He and his employer were trying to get out of paying anything stating he makes nothing as he works on a draw and is currently over the draw so therefore he is paid nothing until he sells something (which will not happen). The judge told him along with the strong suggestion that signing the title over to me and pay me at least half would be a good alternative to having to have this garnishment around forever. So you see he will not sign. I can't get him on contempt because I co-signed 1 month after the divorce. Boy, did I learn my lesson the hard way.

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Originally Posted by progunr

What you are looking to do is levy personal property and this is done via court order to the county sheriff. Where I am, it costs about $500 for the bond to have them take the property to be sold at auction and the proceeds applied to the judgment.

If his name is on the title, he can come and take it any time he wants and you would be able to do nothing. I suggest, having the car re-keyed. Both the ignition and the doors, this way, he won't be able to just drive away in it.

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I have the car hidden where he does not know where it is. This is a new car and has hardly been driven because every time I purchase a tag he calls and has it canceled because his name is still on the title. Small town and they will do it. I assume that I go to the small claim court that issued the judgement and ask to file an attachment or levy for any personal property?

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Originally Posted by excon

Hello again Katie:

I don't know what that is, and I don't know how he's gonna "get" the car, unless he steals it.

Do you have a court order awarding you the car???? I'd take that to the DMV and apply for a new title. The judge could have done more than strongly suggest.... I never ran into a judge that strongly suggested I do anything... They TOLD me in no uncertain terms.
I don't know what to do next if that doesn't work. You could always file for that attachment thing you keep talking about.

excon

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I wish it was before the divorce, dumb me fell for that sad story of no credit and needed a car, so it was 1 month after the divorce. I think I will call the small claims court and try the attachment.

I would try what excon suggested. Go to DMV with a copy of the judgement and ask them to reissue the title. If they won't, go back to the court and ask the court to issue an order specifically to reissue the title. That's all you need done is to get the DMV to reissue the title. Then you can drive it, sell it or whatever.