Tim
Valparaiso,#2Consumer Comment
Fri, December 12, 2003
Jenna, unfortunately what you probably need most right now is a lawyer, but that's probably also the last thing you can afford. Most likely, you have more of a claim against your husband than you do against Drive. First, to get them to stop calling you at work you will have to send them a certified letter with a return receipt. Simply telling them over the phone is not enough. Even after writing a letter, I'm not sure that they are required to stop calling you at work. I have recently learned that companies that you owe money to, if they are dealing with you directly, are not under the same constraints as collection agencies or outside attorneys. Next, you have the issue of your husband. If your name is the only one on the title I would suggest demanding that your husband return it. If he does not, you may want to call the police, report it stolen, and let them know where they can find it (if you know). If you are going to be the only one paying for the car and/or dealing with the financer, you should at least have possession of it. If his name is on the title this route won't work. You may also want to consider civil remedies. Unfortunately this will probably be difficult without a lawyer. I'm pretty sure you have some good options here. You may be able to get an injunction against Drive, or have the debt assigned entirely to your husband, or force Drive to repossess the car. You also may be in a situation where bankruptcy is warranted, and you could have claims against Drive for the way that they have handled the situation. I can't say for certain that any of these are actually options available to you, and I can't in good conscience give you any specific advice because I don't want to tell you to do the wrong thing, have you act on that advice, and then be prevented from doing the right thing. Try contacting some legal assistance agencies. They may not be able to help you, but they may be able to find an attorney who will take your fight on with terms you can handle. Also, most law schools have clinics for the indigent. If you're anywhere near a major university check to see if they have a law school, and if so see if the law school has such a clinic. These are usually free services. Best of luck to you, I hope this has been of some help.