Marquette, MI asked in Contracts and Banking for Michigan

Q: Is it legal for someone to keep mail from me in this kind of circumstance?

I got a car with my grandpa as cosigner. He later got diagnosed having dementia. My uncle then became person in charge of his affairs, his financials included. My vehicle was repossessed for non payment of three months. I didnt receive any notices. I later found out notices had been sent to my grandpa house but intercepted by my uncle. Mail was not given to me or told about it. Also a phone call between lender and my uncle took place and i was not informed of that either. Is there anything i can do here? Please help me in any way you can, thank you.

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1 Lawyer Answer
Adam Alexander
Adam Alexander
  • Southfield, MI
  • Licensed in Michigan

A: Were you supposed to make the monthly payments? It is not clear in your question.

Not a lot you can do to avoid this debt. Despite the lack of notice, you (or your grandpa) was required to make the payment. When the payment is not made, default occurs. The creditor can then proceed with repossession. Then the creditor may also proceed with collection of the deficiency (difference between the balance of the loan and the auction sale of the car). Collection is made against any or all parties who signed the loan.

There is a silver lining. Often these debts can be resolved for less than the full balance. I suggest you make efforts to resolve the debt, if you have the ability to do so. If not, and if you have other debt that you cannot pay, you may wish to consult with a bankruptcy lawyer.

Brent T. Geers agrees with this answer

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