Asked in Contracts and Banking for Wisconsin

Q: My bank has listed online on my latest statement that they have written my car loan off as bad debt. When writing the

Loan off what now are my legal obligations to the loan and does the bank need to file a lien release on the vehicle?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Business Law Lawyer
  • Sacramento, CA

A: When a bank writes off your car loan as bad debt, it means the bank has deemed the debt unlikely to be collected and has removed it from their books. However, this does not absolve you of your responsibility to pay the loan. You are still legally obligated to repay the debt, and the bank or a collection agency can still pursue collection efforts against you.

Regarding the vehicle itself, if the loan is secured by your car, the bank typically holds a lien on the vehicle. Even if the loan is written off, the lien generally remains in place until the loan is fully repaid. The bank would need to file a lien release on the vehicle once the loan is paid off or settled according to the agreed terms.

It's important to communicate with your bank to understand the implications of the write-off and to discuss any options available to you, such as restructuring the loan or negotiating a settlement. Ignoring the situation can lead to further financial complications, such as negative impacts on your credit score or legal actions. Consider seeking advice from a financial advisor or legal counsel to better understand your rights and obligations.

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.