Washington, DC asked in Bankruptcy, Consumer Law and Contracts for Virginia

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

3 Lawyer Answers

A: If you didn’t receive notice, you may have recourse again the lender.

Bruce Alexander Minnick agrees with this answer

A: Before you spend any more money hire a lawyer and go to war, you might want to re-read the letter you said you did receive--the one containing the loan deficiency balance. Unless I miss my guess, that letter refers back to the notice you were sent right before they repossessed your car. If you do sue, you should also be prepared to tell the lawyer representing the car dealer how you found out that the loan had been "charged off" before they repossessed the car.

Robert R Weed
PREMIUM
Answered

A: Most likely they will have evidence they sent you the notice, even if you say you didn't get it. There's no guarantee a judge will believe you. If this is your most serious debt problem fighting may help you. If you have lots of other debts, too, maybe it's time to repair your credit by filing bankruptcy.

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.