How long before they want the Car?

[Movingon2010]

Ok so as stated in another post I just filed pro se today. I am 2 months behind on my car note. My ex and I are both on the hook for the car. He has not filed. I am trying to decide whether I want to catch the payments up and do a ride through or turn in the car. Car only has 35,000 miles on it and its a 2008 cuv. Very Reliable but my payments are $500 a mon.
I put on my paperwork that I wanted to reaffirm but thats basically because I havent made up my mind and still dont know if I can catch the payments up.

So if I do not reaffirm the car note and do not catch up the payment. How long will it take them to come pick up the car? (keeping in mind that ex is still on the hook for the car (its in both of our names). the lender is Cap one.

[keepmine]

Nobody can speak for your lender.
If you are still in bk, they must first file for releif from stay and get that motion granted before they proceed with a repo.

[sh9730]

This is one of those times where I wonder why you would file as single instead of joint? I mean they WILL eventually get the car, whether that is in 2 months or 4 months or whatever...then they will sell it, and your hubby WILL be responsible for the deficiency, which is likely to be substancial on a car like this. So, unless you are somehow going to get it current (which may be the only plan to save your hubby credit), or will have a chunk of change later to settle the defiency, your hubby will get sued and a judgement issued, and then he ll be in need of filing BK himself?

Of course, they MAY not ever sue him for the deficiency (I had a lender that never did way back when)...but it is very likely they will.

[Movingon2010]

Lol the reason is simple. .....We are in the middle of a divorce, my soon to be ex is also listed as one of my creditors. If he chooses to file, then he can and should. I am just trying to buy myself some time.

[sh9730]

Ahh, the one time that makes sense!