Complaint Review: Consumers Portfolio Services - Internet

This is a case of just because they can doesn't mean they should.

- Unfortunatly that is not how the real world works.  You(and your ex?) signed an agreement to pay back a set amount of money with specific terms.  Because they are a Sub-Prime lender the interest rate is going to be higher and they are going to be a bit more agressive.  Whether you like it or not they are in the business to make money, and the interest rate you are paying is because you are higher risk.  If they took the attitude of "Oh well they paid us enough already", then they would not lend to people in your situation in the first place.  But if you still believe that other companies would be more than willing to just accept an amount paid in full, perhaps you should go back down to your local courthouse and take a look at the various court dockets and see how many suits are out with this similar situations..because your situation is not unique.  Creditors(and not just CPS) sue people every day for this same thing..not fullfilling their agreement.

To any creditor a divorce decree is worth about as much as the marriage it disolved.  If your ex really wants to take responsibilty why does he not pay them directly?  Or why does he not reimburse you for the money they are garnishing?  If the answer is he can't then that is the exact reason why they won't just put the loan in his name, and probably why he can't get a loan in his name from any other source.  NO bank is going to remove a "responsible" party who they can get money from leaving the other party who does not have the means to pay them back.  Of course you could play "hardball" with your ex.  If you have a copy of that letter that says he accepts responsibility then YOU file suit against HIM in court.  If you get a judgment against him, and having that letter would probably work in your favor, you should be able to turn around and garnish his wages and/or attach any bank accounts he has.

On what grounds do you want to sue them?  Because once they have a judgment against you that is pretty much "game over".  The one case you may have some relief is that if you were not properly served.  In some areas that is a valid method of service, so you will need to talk to a lawyer.  If you were not properly served you can attempt to file a motion to vacate the judgment. 

Good Luck.

It seems like you are saying both of you guys were on the contract, the relationship failed and you left the car with the ex.  Lets stop right there.  Without regard to the state of the relationship, both of you guys are on the hook for the car.  A divorce DOES NOT remove anybody's name from the contract.  The only way for him to get the contract in his name is to refinance the car, getting a loan with his name only on the contract and paying off the original joint contract.  Unless and until he does this both you guys have the responsibility to make the payments.  If he or you fail to make the payments, they will sue both of you.

When a creditor is sued, it doesn't happen in some secret proceeding.  The creditor is served and if you don't show up in court the lender wins by default and they can and will garnish wages etc. 

You had an attorney for the divorce, didn't you?  What does he or she say about this? 

The ex can write all the letters he wants to "assume responsibility" but the only way for that to occur is for him to get the loan in his name which he probably couldn't do because he needed someone to cosign.

The only case you may have is if you were improperly served.  In some places, taping the papers to the door is sufficient.  Again, run this past an attorney.