Auto Loans Missing Vehicle

[mmurray01]

Jurisdiction

Texas

In the divorce I kept my vehicle and he kept his. He has not made a payment on the vehicle in 5 months and the bank has closed the loan and are now actively looking for the vehicle. I have been working with the bank and have given them five locations and time frames of where the vehicle can be located. It has been 4 months and they have had no success finding the vehicle. The vehicle is in my name only and registered to me. He also has a $1200 past due toll bill that I'm being told is my responsibility because the vehicle is registered in my name. I have never driven the vehicle and now I'm being told I'm responsible for a $27,000 car loan and a $1200 toll bill that I have no control over. I have been trying to get him to return the vehicle to me since April and nothing. Please give me some advice.

 

[txls]

Was the vehicle specifically listed in the final divorce decree? Seems odd since it is in your name only so presumably the bank loan is in your name only. If the two of you just had some understanding between the two of you that he would keep that vehicle and pay the bank loan, then you are in fact responsible.

 

[army judge]

In the divorce I kept my vehicle and he kept his. He has not made a payment on the vehicle in 5 months and the bank has closed the loan and are now actively looking for the vehicle. I have been working with the bank and have given them five locations and time frames of where the vehicle can be located. It has been 4 months and they have had no success finding the vehicle. The vehicle is in my name only and registered to me. He also has a $1200 past due toll bill that I'm being told is my responsibility because the vehicle is registered in my name. I have never driven the vehicle and now I'm being told I'm responsible for a $27,000 car loan and a $1200 toll bill that I have no control over. I have been trying to get him to return the vehicle to me since April and nothing. Please give me some advice.

Texas is a true community property state.

Husband's name doesn't need to be on the title for him to be equally liable in Texas.

You and he are equally liable for the acts of the other.

So, report the car stolen.
Ask your divorce lawyer HOW you do that.
The pending divorce will allow it.

See if your lawyer can serve him, to ensure the assets of the marital estae are ALL accounted for in the divorce.
Your lawyer knows how.

The lender will seek the easiest person to collect from, I guess that's you.

Otherwise, investigate bankruptcy.
That's another way to get out from under his traps.

 

[mightymoose]

You might not have much luck trying to make a a report of a stolen vehicle as it wasn't truly stolen.
If the car does legally belong to you and you know where it is then YOU can have it towed anywhere you want and then arrange to return it to the bank. Contact a towing/repo company about this.
As for your toll fee, there likely was a time that it could have been disputed but has long passed. If you have only recently found out about it then you might have some options. You will have to find out what the appeal procedure is through the court or the issuing toll agency.