Come tell me my anger is justified

[Bernadine]

I'm mad at myself, but also at my lawyer.

Back story- xh never took my name off of the car we owned together, even though I signed it over to him.  The car has been uninsured since last January, and now has over $2,000 in fines, which I am also responsible for, since my name is still on it.

So I talked to my lawyer, we reviewed our divorce agreement.  The agreement said I had to sign the car over, but doesn't specifically state that he had to take my name off of it.    Of course, I'm mad at myself for not thinking of this, BUT.... this is not my job.  I don't do this kind of thing everyday, and we went over so much.  I feel like this is what I paid my lawyer for, to make sure I didn't get screwed, and now I'm screwed.  He's telling me I have to pay the fine, to incur damages, if I want to take xh to court.  If we go to court, xh would have to pay my lawyer fees as well as pay me back for the MVA fine.  However, since I got a call last week from a collection agency looking for xh, I'm assuming he won't have the money to pay.  So they'd garnish his wages, but I'd still be out several thousands of dollars up front, and it could take months or years to recoup the money.

I want to cry and also break something.  Preferrably xh's face.

My lawyer's great advice is to try to get the money from xh's parents, but I really don't want to drag them into this, and I'm not at all sure they'd pay anyway.  I know they'd feel bad for me, but I think they're pretty fed up with him, so I don't know that they'd want to bail him out of this.

[Saint Monica]

Is there at least a "pay for and defend and indemnify wife for any claim made upon her" language w/r/t the car?

imho I would be fucking pissed at the lawyer.  ETA: Do not be pissed at yourself. ((rak))

[ninjabridemom]

NO

NO WAY is he still wreaking havoc.

NO NO NO I am so pissed for you.

[candyland]

I'm sorry! I would be angry too!

[Saint Monica]

Jan 27, 2015 7:58:18 GMT -5 Bernadine said:

 xh's parents

Shame is a great motivator.

[speckledfrog]

I can't believe you still have to deal with this. How incredibly frustrating. Rage away, this is complete and utter bullshit.

[Bernadine]

Jan 27, 2015 8:03:20 GMT -5 Saint Monica said:

Is there at least a "pay for and defend and indemnify wife for any claim made upon her" language w/r/t the car?

imho I would be fucking pissed at the lawyer.  ETA: Do not be pissed at yourself. ((rak))

Yes, it does say that, and it includes the language that says if one of us defaults on the agreement, that person has to pay attorney fees/court costs.  But, my lawyer is saying that I haven't experienced damages, because I haven't paid the fine.

[alicenelson]

Jan 27, 2015 8:09:00 GMT -5 Bernadine said:

Jan 27, 2015 8:03:20 GMT -5 Saint Monica said:

Is there at least a "pay for and defend and indemnify wife for any claim made upon her" language w/r/t the car?

imho I would be fucking pissed at the lawyer.  ETA: Do not be pissed at yourself. ((rak))

Yes, it does say that, and it includes the language that says if one of us defaults on the agreement, that person has to pay attorney fees/court costs.  But, my lawyer is saying that I haven't experienced damages, because I haven't paid the fine.

Would the fines show up on your credit report?  That would be considered a "damage" in some cases.

[Bernadine]

Jan 27, 2015 8:14:20 GMT -5 carrotsmakemefat said:

I'd be pissed too. Your anger is beyond justified.

Can you comfortably pay the fine? Honestly, I would be concerned about (a) wanting to rip his face off (b) clearing my good name and then (c) go after him to get the $$$. Even if it means using his parents or garnishing, etc. No way I'd let him get away with this.

Not right now, but I probably will soon. 

Also, I'm concerned that the car still isn't insured, and is still racking up fines.  I'm tempted to take the plates off and turn them in, but I waived all rights to the car in our agreement.

[Muddled]

Of course you should be pissed. You thought you had dotted your i's and crossed your t's and all this fuckery is behind you. What a blow to learn that it is still hanging over your head. You have every right to be angry and I would strongly consider fighting this. I would also have some choice words for my lawyer. He should eat this one.