Atlanta, GA asked in Banking for Georgia

Q: How can I enforce a bank out of state to pick up a vehicle in which I want to surrender or voluntarily repossess?

Related Topics:
2 Lawyer Answers
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Cary, NC
  • Licensed in Georgia

A: Why do you want to do this? There is no difference between a voluntary and involuntary repossession. I am not sure why a debtor would want to do this.

If you wish to surrender your vehicle, you could try returning it to a dealer who deals in that make of vehicle or where you bought the vehicle.

The result will be the same - the vehicle will be hauled off to auction and sold for a fraction of the price. You will them be held liable for collection and sale costs and the balance owed on the vehicle minus the proceeds of the sale.

Don't do this. Its better if you can sell the vehicle to a private party if the vehicle is worth what is owed. If the vehicle is worth less, then I would keep driving as long as you can. Hopefully, if you cannot afford the payments you may be able to enter into a settlement of the balance at some point. Or, depending on your circumstances, you might be able to file bankruptcy and get the terms of the agreement modified. Any of these solutions are better than just giving the car back. The only exception might be if the person who owed on the car died, the estate for the dead person is insolvent and the heir does not want the car or the loan obligation.

Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Cary, NC
  • Licensed in Georgia

A: Why do you want to do this? There is no difference between a voluntary and involuntary repossession. I am not sure why a debtor would want to do this.

If you wish to surrender your vehicle, you could try returning it to a dealer who deals in that make of vehicle or where you bought the vehicle.

The result will be the same - the vehicle will be hauled off to auction and sold for a fraction of the price. You will them be held liable for collection and sale costs and the balance owed on the vehicle minus the proceeds of the sale.

Don't do this. Its better if you can sell the vehicle to a private party if the vehicle is worth what is owed. If the vehicle is worth less, then I would keep driving as long as you can. Hopefully, if you cannot afford the payments you may be able to enter into a settlement of the balance at some point. Or, depending on your circumstances, you might be able to file bankruptcy and get the terms of the agreement modified. Any of these solutions are better than just giving the car back. The only exception might be if the person who owed on the car died, the estate for the dead person is insolvent and the heir does not want the car or the loan obligation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.