Sign up for your FREE personalized newsletter featuring insights, trends, and news for America's Active Baby Boomers

Newsletter
New

Ex-wife Filed For Bankruptcy While My Own Lawyer Was Drafting Documents Against Her For Suit

Card image cap

This might be a long one, so please bear with me. My location is in WA state, either King or Snohomish counties.

In Jan. 2023 my divorce was finalized with my ex-wife. After some back and forth about an SUV that she both did and did not want at several points in the divorce proceedings, it was decided by the judge that she would keep the car and assume loan payments as well as be responsible for: registration fees, tolls, insurance, and any other fees accrued with the vehicle. Since the loan for the vehicle was solely in my name, it was agreed that the registration for the vehicle would remain in my name until the loan was fully paid off. (I should note that I tried to fight this, but because she had no other vehicle, and I had a really old busted mini that I could drive, she was awarded it anyways.) If at any point she could no longer afford the payments I would be able to take back the car with no penalty, as long as she wasn't late on payments.

In Jan. 2024, my ex-wife abandoned the vehicle after having it towed to a gas station that was closed down and boarded up in her small town. The vehicle remained there for almost a week before it was towed. As the loan was still in my name, I had to pay to get the car out of impound. When I did, I found that the car was in far worse condition that when I left it to her. It needed about $20k in work done to the body and engine to get back into the same condition it was in when it was left to her(it had a blown engine, and some really bad paint damage, several cracked windows, etc.)

I spoke with and retained an attorney(the same one that I used for the divorce) and we proceeded with sending her a certified letter stating she was responsible for the cost of the repairs as well as the cost of registration and impound/towing. When she finally responded, we received communication from a lawyer she retained, asking for documentation proving the cost of repairs/towing/etc.

We provided these documents and waited and for quite a while before receiving word from her attorney that she was considering filing for bankruptcy. My attorney suggested before she does that, we ask for a motion for a judge to enforce the divorce decree.

She had started to prepare to do this, but after receiving no communication from her lawyer quite some time, he sent documentation to my lawyer today showing that about a month ago she filed for Chapter 7 bankruptcy.

My question is: would it still be beneficial for us to ask for motion to enforce to divorce decree? With my attorney fees, my ex would owe me in the ballpark of around $30k. It would almost cover what's left of the loan on the new car she never bothered to get insurance on before she ruined it. Also, it should be noted that she got re-married a few months ago, and I'm not sure how that could/would effect any suit.

Is there some other path I should be looking into or something else I should consider? Thank you in advance for anything!

submitted by /u/dartiki
[link] [comments]


Recent