Consumer Law, Warranties cosigner on car loan 3 days later, husband left me

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missimc

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This has been a battle that has been going on since March of 2005 - my husband and I went to buy (trade-in) a new car - that he wanted for his use. We had not been getting along very well - the only way he could get the loan is to have me cosign - thinking all was going to be okay with our marriage (you know how that goes) I cosigned for the vehicle, 3 days later he up and left me high and dry - the car was registered by him and he was in total possession. He ended up not making any payments on the vehicle at all after lying to me that he had. The vehicle ended up getting repoed. My divorce attorney obviously seeing the fraud in this specifically had it stated in my divorce decree that I would not be responsible "the Respondent shall pay indebtedness on his Chrysler loan account (Account #100...) with a balance of $13,....) and shall immediately take all steps to remove the Petitioner's name from that account" and Chrysler had even stated that that's all I would need to do - which of course once I sent them the paper work they said they would not work with me even if he did do that.
So I've been battling with collections and they each had accepted the divorce decree and have recently received a document from an attorney stating that my divorce decree "cannot be used to alter your obligation to the original creditor or their assignee". They have threatened to garnish wages.
Considering this loan was obtained fraudulently - do I have a case here??
 
Unfortunately, the lender and collection agency have a legitimate claim against you. You co-signed the loan, and you're legally liable. The letter from the collections agency is essentially correct: the divorce did not alter your obligation.

What you DO have is a case against your husband for contempt of court for failing to honour the divorce agreement. You should consult with your divorce attorney about pursuing this. If you haven't already, consider posting in the divorce forum about this.
 
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