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Old 10-19-2010, 07:36 PM   #1
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does anyone know the outcome

Well long story short,was divorced in May,wife was given her debts and me mine.

She then turned around and filed Chapter 7,I am the secondary signer on her car and she on mine.....

Toyota will not give me the account number to allow me to make my payment,they won't even talk to me......

I am having to goto the courthouse the 2nd and try to figure out what I can do......

I am not filing bankruptcy,my ex is on her debts but my car has gotten tangled up in it.

anyone else been through this......I am afraid I might lose my car,I love my Yaris,have put a lot of money and effort into it and don't want to start over again.

I cannot refinance it,trade it in,sellit,nothing it is stuck in limbo.....

If anyone has had this happen let me know the outcome,I am worried and have no money left to hire atty to defend my self even,I have seen several on free consultations but none say the outcome is going to be good for me.

If I lose it I will buy another Yaris and start over,hey the car is the funnest I ever owned......and I did not get to finish my build on it,I can take back to stock with my buddies in say 6 hours and plan to this weekend just in case somehow it gets taken from me.

Hopin anyone has some info or advice......my money is gone from the divorce,so I am kinda stuck and hate the wait to find out what possible things may come......

Brian
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Old 10-19-2010, 07:55 PM   #2
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your ex will not give you the information you need to pay?
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Old 10-19-2010, 08:34 PM   #3
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Why didn't you transfer the title after the divorce. You screwed up.
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Old 10-19-2010, 09:08 PM   #4
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Wow man, I think you should try and work it out with the ex so the car doesn't come an issue, if the car is in her name she can file chapter 7 and not have to use the car either but she needs to give you the info for the future payments good luck buddy
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Old 10-19-2010, 09:31 PM   #5
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Wow... Toally sucks. Good luck to you. Like they said above, try to work something out so your car doesn't become an issue.
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Old 10-19-2010, 09:48 PM   #6
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A friend of mine just went through a similar thing with a mortgage on a house post divorce.

The bottom line in this economy is that no company wants you to default on your loan, as then they are stuck with a car, house, etc. that they then have to resell. Keep trying to work with the finance company (which may not actually be Toyota). Keep making them escalate you to the next level manager, until you get to someone who actually has a clue.
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Old 10-19-2010, 10:02 PM   #7
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If the car (title) has her name on it, forget it. Creditors love to take cars back, especially if they're worth something. Sorry about your mess though.
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Old 10-19-2010, 10:18 PM   #8
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I am sorry for you my friend.
The best to do then is to expect the worst, Start striping every mod that you put on the Yaris so IF you do lose it you wont be out on the money you spent for mods and you can sale em here or if you get another one all you have to do is modded it again.

IDK what ealse i can think of

I wish you the best of luck
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Old 10-19-2010, 11:08 PM   #9
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if your name is on it they're obliged to give you the info...cuz no matter what the court says you are still liable to pay...even if court took your name off. your name is still on the car.

i went over this w my ex wife and mitsubishi actually went as far as taking my name off the car. until she didnt pay and then my name mysteriously reappeared. my credit has been crap since then.
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Old 10-19-2010, 11:26 PM   #10
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If the car (title) has her name on it, forget it. Creditors love to take cars back, especially if they're worth something. Sorry about your mess though.
That is true before the drop in the economy, a lot of creditors are working with people so they don't get stuck with cars that are worth something because they won't make anything trying to resell it
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Old 10-20-2010, 12:08 AM   #11
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I would def strip it of mods like was said before. At least you'll have that if they take the car. Course you'll need the stock stuff to put back on.
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Old 10-20-2010, 11:52 AM   #12
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Yeah it is a mess....she does not have the info either as to the account number....leson learned not to make payments online and not get somekind of paper bill so just in case it goes wrong......

I will know more the 2nd after the creditor meeting at the courthouse.....I am fairly sure I will get to keep my car,but untill I can get Toyota to give me the info to make payments I guess I will do one last photo shoot with my car club and then put him back to stock.

Never going to get married ever again.......just not worth it.....at all....

Honestly I hope she loses her tC after it is all done,she never made even one payment on it and I put all the mods on it my self.....and although I wouldn't mind having it back I don't want it.....lol

My guess is I am gonna have to take my car to dealership after the 2nd and trade it in to get her name off it.......wont have cash available till March to buy a new car,downpayment wise....

Luck part is I owe less than the Blue book,not much,but I am in good with my dealership,brought them a lot of customers over the years and they will take care of me once the car is freed up to sell or trade in......

What a mess.....I advise never having a spouse cosign.....my biggest fear is her tC will go through bankruptcy and then she will fail to take my name off and then it gets repo and they come after me.....uggggg....lol

Thanks guys this forum is the best place.....sometimes just having a place to bounce your thoughts makes it better....
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Old 10-20-2010, 11:55 AM   #13
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I can put car back to stock in about 6 hours.......lol.....my Scion buddies and I can gut a car in about an hour.....I got all the parts still.....luckily I did not start the stereo build with my pods short of cutting the rings and making jigs and stuff.

Hey maybe a new 2010 Yaris is in my future....and maybe they will have one in a 5 speed.....lol....PNW is famous for Toyota not thinking we want manual trannys....
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Old 10-20-2010, 06:40 PM   #14
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heh, i bet if you gut the car they will not want it at all. Maybe that is what you should do.
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Old 10-21-2010, 12:52 AM   #15
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^ That might actually work...
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Old 10-21-2010, 01:18 AM   #16
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No it wont. My buddy had a POS ninja bike that he tore to pieces. Lieterally, pieces. He told the credit company that and they sent out a repo truck anyway. They picked up all the pieces of the POS bike, threw it in the back of the truck, and away they went with a POS bike in like 50 pieces lol. So no, stripping something into nothingness doesn't stop anything lol.
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Old 10-21-2010, 01:40 AM   #17
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^ Damn... I guess if it were that easy, then everyone would do it. Lord knows there are lots of people who trash things that are being ready to be repo'd.
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Old 10-21-2010, 11:45 AM   #18
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Quote:
Originally Posted by severous01 View Post
if your name is on it they're obliged to give you the info...cuz no matter what the court says you are still liable to pay...even if court took your name off. your name is still on the car.

i went over this w my ex wife and mitsubishi actually went as far as taking my name off the car. until she didnt pay and then my name mysteriously reappeared. my credit has been crap since then.
That is not the case when a BK is involved, because of the protection of the automatic stay, if they THINK you are involved in the BK and THEY give you any information - they will be in violation of the automatic stay and risk their proof of claim being thrown out. They probably won't risk it.

What I would do is find out who her BK lawyer is ... they need to reaffirm the debt; it's a weird situation when 1 debtor is involved and 1 isn't. However, she doesn't HAVE to include the car in her BK. She does have to list it as a debt - but like I said, it can be reaffirmed and taken out of the BK.

Make some phone calls, it's worth it. Especially if she's filing Ch.7.

I've been in the Bankruptcy and Foreclosure industry for 5 years ... I've seen things like this happen. lol However, I don't deal with automotive debt - but I'm sure it works pretty damn close no matter what kind of secured collateral you're working with.
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