Truck Repo Quest.

okay...I've been out of pocket for a while..sorry guys. But I go a new one for ya...and nope, its not me. I hope you all are doing well!!!


ok, so here goes: a girl I work with Jenn, recently had a marriage annul. due to her now ex, or whatever he's called being married to someone else the entire time. (they actaully did get divorced once before and remarried, she never knew about the original marriage to that other lady, she found out when the lady called trying to reach him to get a divorce...long story) So, during the time Jenn was supposedly married to this clown, they got a truck together....so, low and behold it gets repo'd 2 yrs ago. Well, in her and his first divorce decree, it was ordered by the judge that he was to retain the truck and get the loan refi in his name and she wasn't respon. for it....

so...she gets served last week from our old friends in Okla City, Love, beal & nixon on behalf of the auto loan place..sorry, can't remember the name of em

So, I guess my questions are
1: if judge ordered it years ago, shouldn't that hold up that he's repons for it?

2: since it was found that thier entire marriage was false, how is the name she signed on loan legal since she wasnt really married to him? But at the time she thought she was...

3: if the loan company who originally repo'd the truck from them, if they sold it at auction, which most do, or put it back on the car lot...if she ends up being responsible, shouldn't it only be for the difference between what was owed and what it auctioned for?

4: doesn't the original creditor have to send this information to her, as in like a bill or something?? stating it was sold or whatever?

Any help would be appreciated, shes a single mother, and after her finding out her husband of many years actaully was married to another woman, whom he said he forgot about...she's about to crack..its hard to sit here and watch her upset and crying all the time...and I figured somebody here would know what to tell her...

I told her above all else dont let them get a default judjement on her...answer the summons...meanwhile I will try to help out by searching for answers...

Thanks for ANY help/advice you can give

None of those defenses will work. Basically a divorce decree isnt worth the paper it is written on when it comes to obligations. She will have to haul HIM back into court for contempt of court. She might also want to persue bigamy charges as well.

Yes she would only be responsible for the deficency balance. She needs to check her state laws on repo.

well, at least that helps me tell her some info.

hes a pos anyway, doesn't even pay child support...it's terrible. I have talked to her about the bigamy charges, she didnt want to file them at first because of thier girl together...but he wont even call the girl ...so I bet after this she will ..I told her to do do it from the get go...but nobody listens to me...LOL

Thank you for your answer Soaplady...I told her I would ask around...i'll have to get her on OSCN to check laws for repo...

I have to disagree. I was in a similar situation. My wife got the car and the financial responsibility in the divore. The car was repo'd and when I showed the divorce decree to the bank, they took me off of it. You can't just ignore a judges decision.

Creditors sure do ignore judges decisions....the creditor is not party to the judges ruling and therefore the contract remains in force.

Oh. I'm sorry. I guess I must have dreamed that. Oh wait! I didn't dream it. It really happened. I suppose a creditor could take their chances and ignore it. Sounds like contempt of court to me.

whoa....please dont argue...I didn't mean to get anyone upset...I'm really sorry...

my thought was that in that divorce decree where it speciafically states that he retains thier truck, he retains all info for it and must refinance it (which he never did) hence how it ended up repo'd....ten would that have any bearing on her being served.

I thought if a judge signs it, it's a legal document, but however...being that a written/signed contract is involved, which she doesnt have becuause the ex retains all info to it...so I cant ask her if I can read it to see if ad what it states in there.

I'm not sure how okla laws work with this weird situation...and becuase they weren't legally married at the time she signed the contract, then wouldn't that play a roll in it holding her legally responsible anyway? ...

but, alas I've been on oscn trying to look up laws on this to give to her....

She signed the prom as an individual...her maritial status would have been irrelevent.

Bottom line...creditors do not have to abide by a court ruling since they are not party to it. Yes a divorce decree is a legal document...however it is a legal document between a husband and wife, not the husband wife and creditors. Some creditors might follow it....however debts with a prom note generally dont.

At the very least she can bring that decree up in court..the CA may not accept it, but perhaps the judge would? I have never delt with this type of situation, but perhaps that is the way to solve it..I am sure the judge will side with another judge on this.

well, I told her to dig thru everything she had, and take it all with her and get ready for discovery....

Who knows...maybe it will help, but it's better to have it right there, then say umm, yea I have papers..but they are at home...LOL...

But, your info helps alot...she's been balling half the morning...course I understand...but I think shes going to have a break down or something....

Well if it all goes wrong and she losses the court battle she can still turn around and sue her ex for these damages.