I'm pretty sure I was co-signer as we needed one, the company that bought it was the newly formed one not the original we'd bought, but that was in Jan 2002 so I don't know for sure now as I haven't seen the paperwork since 2003. I was a signator for the company when we bought the vehicle and yes, it was a limited corp.

When I dropped it off I was not working for the company had no signing authority or anything. I took the keys in and told them my ex would be in to look after whatever was necessary. And I told my ex I was dropping it off and it was his responsibility to look after as he owned the company. I wasn't about to get into anything else with the company (either of them) or him at that point.

I'd wanted to let the lease go earlier, first when we separated and he wouldn't let me and that was when he told me when the lease was up he'd buy it for me. Then I wanted to let the lease go when I wasn't working and he again talked me out of it saying it would cost too much...so I parked it in my garage and didn't drive it as I couldn't afford insurance.

Stupid I know, I was taken for a big whack with this %%$##%&* SOB!

That's probably why he's calling, yes.

The question I have is are you sure you cosigned or did you just sign for picking up the vehicle. There is a difference, and it will mean the difference as to whether you're legally on the hook for this or not. Also... was the company a limited corporation?

I get why you didn't buy it. What I don't get is why you didn't close the deal wit somebody... sign off on damages, etc.

Monty the money owing was charged for over mileage from company travel, deliveries etc. There was nothing owing on the lease nor for maintenance/wear and tear etc.I just sent away for copies of my credit report to see if it was on there, it wasn't last time I had copies which was a little over a year ago. Hopefully I'll have them back next week.
I have no copies of the Chrysler paperwork as it was a company vehicle all the paperwork was in the company files.
My ex was president of the company and owned the larger share of the company, I was secretary. I signed the paperwork as I went to pick the vehicle up. If he'd gone to get it he would have signed it. We both had company signing authority at that point.
When he walked and formed his new company (with the same name one minor change) he assumed the clients, equipment, assets and outstanding bills into his new company. The old company that we bought still exists as does the predecessor to it, he just doesn't use them.

If there are pieces missing that might help with an explanation here Angella tell me and I'll supply them if they apply. I parked it as the lease was up on the vehicle and it had to be returned. I was not working and could not buy it out and he would not buy it for me as he'd said he would so the kids and I would have a vehicle.

If the SOL is two years in Ontario then that would be why this new collection guy is calling me now...making a last ditch effort to recover the fees before the time is up?
D

Well, I think there's pieces missing from the story, but here's the deal... no, they do not have to sue the husband. They can hold you, as a cosignor, fully responsible. Why would you "park it then walk away"? That was probably one of the more... well.. it was unusual. You've left yourself wise open there.

The SOL that applies is the one in effect when you "defaulted" in the province this all took place in, so if that was January 2006 and the SOL was 2 years in Jan 2008 you can no longer be sued.

If both you and your husband owned the company in question and the vehicle was leased under the company name, wouldn't make sense that you are partly responsible?

As for why the vehicle wasn't returned to Chrysler as it should have been as any lease goes, and any fees and dues paid (over mileage, wear and tear etc) that is another question.

So what are they collecting here? The remaining balance of vehicle, reposition fees, wear and tear fees?

Also, if they were going to sue you, they would need both owners of the company at hand, since both you and your ex husband owned it.

Deardra,

What is outstanding on the Chrysler loan?
Is this item showing on your credit report?
Do you still have the original documentation from Chrysler?

Is you ex husband signed in any fashion on the lease. If not, it seems like it would be your responsibility.

I forgot to mention that this took place in Ontario where I lived at the time and I now reside in BC.
Does the 2 year SOL apply in this case where the vehicle was returned in Jan 06 the two year SOL will be up in Jan 08?
Deardra

Hello. I'm hoping someone can advise me on this. I'm sorry if it's long (and messy) but you need the background.
My (now ex) and I owned a company and the company leased me a vehicle. It was in the company name. Unfortunately when it was leased I signed the papers FOR the company and I also co-signed in my own name. My dear spouse and I then broke up (I remained with the company for a while) and he told me not to worry I could keep driving the vehicle and when the lease was up he would buy it and give it to me (he was being nice at that point.) By the time the lease was up we were no longer being nice to each other, I was no longer working as he'd walked and formed his own new company (same name almost) took all the clients and equipment etc. The title of the vehicle remained in the old company name but I took over the payments for a short time until the lease ended in Jan 06 then I parked the vehicle on the Chrysler lot and left it for the company to look after.
When my ex and I had split I never thought of the vehicle as a problem and it wasn't looked after in the divorce.
Chrysler contacted me a couple of times and I told them it wasn't my responsiblity and they left me alone. Someone from a collection agency contacted me about a year ago and I told her the same thing and never heard from her again. Now a guy from MJR calls me saying that Chrysler has given the file to him to collect on and that the company is insolvent and I am the co-signer so I'm responsible. He threatened me with court etc and I told him I have no assets, no house, savings or otherwise.
The company IS still there as well as the follow-up company that my dear ex formed. I told the collection agency that it is not my debt it is the responsiblity of the company which still exists and to call my ex. I have never talked to MJR again but he calls me frequently.

I am working but I live from paycheque to paycheque. I never once said the debt is mine but told him to talk to my ex.

MJR calls me at home and he left me a message on the office voice mail today telling me I have to settle this and that they are being nice.

What should I do about this????? Please.
Deardra