Civil contempt

You may have to seek out an alternate type of financing, such as a secondary lender, or a credit union. Another option may be to trade the vehicle in on a new one (or used one)as most dealerships have numerous financing sources. You may end up paying a little more, but his name will be off the car, and may not cost you anything out of pocket. Banks are typically more stringent when it comes to financing issues than other sources.

Dear Duke Gal:

Greetings. You may have to return the car and get another one if you cannot refinance. Look into that as an option (using the car as a trade in, etc.). Also, try through someone other than a bank or credit union.

Bottom line though is that if you tried and you cannot succeed, then you will need to bring proof that no one will allow you to refinance to court. The court cannot find you in contempt unless they find that you are willfully violating the order. Apply around and see what you can do with other lenders. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My soon to be ex-husband and I separated last year on March 1. When we finally got the separation papers filed…I was ordered to get his name off of the vehicle that I kept. Well the only way to do it of course is to refinance…but since he left me without warning and nothing in savings…my credit score went down…I did try to get it refinanced but was denied by the bank due to my credit score.I DO MAKE THE PAYMENTS they are automatically drafted out of my checking account each month…NEVER BEEN LATE ON THOSE… NOW he is wanting to file a motion for contempt…MY QUESTION…What will the judge be able to do since the bank won’t refinance for me? HELP is greatly appreciated…I have always been a law abiding citizen and don’t want my reputation tarnished.