I had an agreement during a 50B hearing with my husband that I get the car, but because the loan is in his name, he had to give me access to the account to make the payments. The order states that if I don’t make the payments, he can take the car, however it also states that he will contact the bank to add me to account access. I try to call to make the payments but when they ask me to verify his phone and address I don’t get it right (I don’t know where he gets the mail sent or his number). I give them his ssan but they say they can’t give me any info or even how much is due because he never placed me on the account (like he was supposed to). I put the downpayment on this car and made the payments till we split up. It went in his name because I needed a car and couldn’t get one in my name because of a repo on his motorcycle that he never paid for.
So I filed a motion to show that he has not in 4 months ever given me access to the account to pay for the car, like he agreed to in the court order. The only payment I was able to make was when the bank called me after speaking with him and he gave verbal pproval for them to give me information - it was a one time thing and I made the payment. I have emails from the bank that tell me that he has not added me and they cannot give me any informaton on the loan. I don’t live in NC any longer, but I had to file in NC. Now I have to fly to NC to go to court, miss work and pay a laywer. There are also late fee’s (I think) on the car that I should not have to pay. I have no problem making the payments, but i can’t if I can’t access the account, don’t know the account number or balance due. Since he violated this order, can I ask for reimbursement for my expenses of going to court and have him ordered to pay the late fees?
Yes, you can seek those costs, including attorney’s fees, back from your ex. You may seek the late fees as well.
Hi mammag24 -
I would also recommend you open a separate account, deposit in it the money you are trying to pay for the car, and then once you are given access to the account, you can simply make one lump payment to catch it up. Until you get the account access you need, simply “make the payments” to this account.
Another benefit to this is that, in the event you do not get timely access to the account, and this ends up in court, you will be able to show that you had the money to pay, were willing to pay it, but could not due to his inaction / violation of the order.
** NOT A LAWYER - Just speaking based on my what my own experience and research has taught me **