[wpd403]

My ex-wife and I bought a car prior to our marriage in March 1997 and the car loan was in both of our names. We separated in January 1998 and since North Carolina has a mandatory one year separation period prior to being eligible for a divorce, our separation agreement had stipulated that she would refinance the car in her name and she would be solely responsible for the vehicle. She traded in the car about 4 months after the separation agreement went into effect. This would be around April or May 1998. I have recently been getting phone calls and letters from the credit company stating that since my ex-wife claimed bankruptcy last year (2009), they can not go after her any longer for the remaining balance. As I said before, the loan was taken out 13 years ago. My question is do I have to pay this loan or if I fax/send a copy of the separation and divorce decree to the credit agency will they leave me alone finally? A second question is how could she have traded in or sold the vehicle without my signature since the car loan (but not the registration) was also in my name?

[smoothy]

Somebody pulled a quick one when it was traded... because there was a lien on the title for that loan... if it was traded that lean had to be released for the vehicle to be resold and even if they carried the negative balnce to a different vehicle and loan, YOU didn't sign (or cosign) for that new loan.

IF what you mean was your name was on the title as well as hers... that needed two signatures.

Registration is not the same as a title... registration is the tags, and THAT can actually be in the name of someone else in many states.

The Divorce decree should have specified who got the car and was responsible for it... assuming your lawyer was doing their job. Provide coppies of that showing she was responsible for the refinance etc as the court awarded her the car and full responsibility for paying for it.

If they want to push the issue... and your name was on the title... someone committed fraud and forged your name on it.

Then someone... most likely them would have some answering to do in court.

Incidentally... I think this would be worth a small fee to contact your divorce lawyer, and have them draft a letter to these people. That would carry far more weight than anything you could write to them. They will BS you because you don't know the law... they can't pull that with a lawyer that does know it.