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I am divorced and have a car in both my ex-wifes and my name. I am unable to make payments and am going to let the car get reposessed. My wife is trying to take me to court to make the payments because it is on our divorce decree.
She did so and I was in contempt but she dropped it on the promise that I would make payments. I am living out of state and cannot afford to pay to fly back. I did not make payments and now sh is threatening to re-open this and says I will be arrested for contempt of court. Is this true or can I start the bankruptcy process with a lawyer and be safe because that is what I am planning on doing.
wow, this is a different issue, I am not real sure how they will handle it, divorce is a civil issue, they can send you to jail for violating the order but what good would that do really. You should file a motion to change the order due to financial hardship. Was there some type of trade off that you benefited from, how did you end up paying a car payment for a vehicle that you don't drive?
If there was some type of trade off you may be able to renegotiate the deal. If you are considering bankruptcy I would get in contact witth that bankruptcy atty as soon as possible and ask some of these questions. Good nautered is right you could end up in contempt.
You are less likely to be jailed in a civil proceeding, the contempts usually end up being a fine or something like that. We are going through a custody ordeal and we have been in contempt, we were nervous about the contempt but we felt we were right. We had to justify our behavior, the judge listened to us and of course he had to act on the direct contempt of his order, we felt like he slapped our hands because he had to.
I think when it comes to civil proceedings there are many other ways to work it out rather than jailing someone.
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I'm alittle confused on something......you have a car in 3 DIFFERENT names?..you and 2 EX wives? Did I misunderstand this when I read it? Are you talking the loan is in all 3 names? The Insurance, etc.?..what?