Vehicle Repo Help

[NateMO]

Hey everybody! I'll try to make this short and sweet. I filed for Chpt. 7 in Nov of 05 and it got discharged in Feb of 2006 (right before the new bankruptcy laws kicked in). I was married at the time, but after doing some investigation, I realized my ex was the root cause of the bankruptcy (ie; cheating, stealing, lying, etc) so I got an annulment from her. I then took a job in another state for a fresh start in life, so I did as I was told and left my house and car to be repossessed (both of which were just in my name only) and moved. My ex refused to move out and the last I heard she was being threatened by the police to vacate the premises.

Here's where it gets hairy. Since then, I've received a nice picture of her blowing through a toll booth in the van from the toll people and about 3 months ago I received phone calls from repo people looking for the vehicle. I was completely cooperative with them and told them exactly where they could find it and if it wasn't there I told them my ex's parents address so they could track her down.

I haven't heard anything since I gave them the information, but yesterday I got an email from my credit alert stating that the company I got the loan from for the van did a credit inquiry on me. Why would they do that? The van account is confirmed closed under the bankruptcy. I've talked to a couple people and they assume that they got the van back and wanted to confirm it was indeed in the bankruptcy so I wouldn't be liable for the amount left over if sold in an auction or something. The thing is, IT'S BEEN ALMOST 2 YEARS!!! What the world? LOL! All I want is for this to be done and over with!!!!

To end on good news, the bankruptcy really has changed me. I've done absolutely everything I can to get my credit score up and to get my life the way it was before her (I had excellent credit before her btw) and right now my credit is pushing close to 700 and I'm getting pretty excited about that. Thanks in advance for the help!

[NateMO]

No go?

I take it nobody's really dealt with this before. LOL! Thanks anyway and good luck to everybody out there!

[aachudneymiles]

I take it nobody's really dealt with this before. LOL! Thanks anyway and good luck to everybody out there!

I feel like you have done your part .. maybe you or the repo compnay can report it stolen.. sorry can be much help...

[NateMO]

miles...that's what I've been thinking along with my friends and family. Thanks for the reply!

[genseeker]

An alternative to reporting it as "stolen" is to report it as "unauthorized use". Reporting a vehicle as stolen when an EX had last posession might not look too good to the police. By reporting it as "unauthorized use" you can tell them who last had the vehicle but that they do not have permission to use it any longer. You can still tell the police you thought the bank had already picked it up since your BK was discharged.

One of my brother's friends got busted for "unauthorized use". He was staying with his grandparents and took their truck but did not have permission. They reported it stolen and he was caught with it. When they found out their grandson had it, the cop said they had to file a report because the truck had already been impounded but "unauthorized use" would be easier legally on their grandson. He only got probation but as stolen it would have been some jail time required.

It may also look better to a judge, given that you knew who had it last. And filing "unauthorized use" can help remove any tickets/fines charged to the "owner" when no driver is noted - like parking tickets.

[NateMO]

seeker...Very good point. I've never heard of "unauthorized use" before. The problem is, I have absolutely no idea whether or not the van has been repo'd. I'm hoping like heck it has so I don't have to worry about it anymore. When I got the ticket for her blowing through the toll gate (March '06), I sent them a copy of my bankruptcy discharge paperwork along with my annulment paperwork and I haven't heard back from them since. When I talked to the repo people who were looking for the van (3 companies in total), I gave them my phone number just in case they couldn't find it and if there was any other way I could help, but again I haven't heard a word from them and that's been over three months ago.

I guess I'm just trying to make myself feel better about the whole situation and want to make sure it's all behind me. The last thing I need is for her actions to take away everything I've worked hard for.....AGAIN! LOL! So far whoever has responded has really helped me with that. Thanks again everybody for the help.

[CindyLou]

You can always call your lender and ask if the vehicle was repo'd. In fact you really need to.

If they didn't (which is entirely possible) and you haven't filed a release of liability with the DMV, it could eventually affect you insurance rates if the car fails to be insured and it is still registered to you.

Also, once the plates/registration become deliquent it could affect your driver license or registration...as well as continue to rack up fees, parking tickets, etc. I would certainly call the lender and verify the repossession.

Keep us posted.

[NateMO]

cindy....very good point. After I got the toll ticket and made sure I was covered with that, I called my insurance company and asked them to remove the van from my policy. At first they couldn't do it because somebody else was driving it, so they tried calling my ex to have it put in her name but after a month of trying of contacting her and her not returning their calls and such, the lady that was handling my case called me up and in a p*ssed off way basically said, "If she's going to ignore us and not let us try to help her, we're taking the van off your policy." Basically my ex would be driving a van without any insurance and it's her problem. LOL! Thanks for the advice and I will definitely keep you posted!

[CindyLou]

The problem actually begins right were you left off. Once you cancel the ins. the dmv will then flag this car and your license as driving a cr with no ins. (how do they know you aren't driving it?) That's where the release of liability comes in as well as the unauthorized use report. You have to CYA here!

[NateMO]

cindy...Very good point and that's why I'm looking for a little guidance here. I filed for bk in OK and I got my new job in TN which is nearly 600 miles away, so it was physically impossible for me to live/work in TN when the violations were taking place in OK at the same time. That's another way I know I'm covered. Even now I've moved since then and I'm still over 400 miles away from OK. Thank you very much for your reply and I'm going to take action to cover my rear! Thanks again!