Roslindale, MA asked in Banking for New York

Q: If the bank's car loan was not paid in time during the epidemic, the car was forcibly towed and sold to other countries

During the epidemic, because I didn't pay the monthly car loan bill, then the bank forcibly towed my car away and sold it to other countries without any consent. After that, I repeatedly asked the bank to return the total amount of the car loan paid before the epidemic to more than 7,000 USD. The bank first fooled me in various ways, and I personally arrived at the bank's physical store. It is also not dealt with for various reasons. Can I sue the bank in such a situation? Thank you

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: In this situation, you may have grounds to take legal action against the bank, but it depends on several factors and the specific laws and regulations in your jurisdiction. Here are a few points to consider:

1. Notice and communication: The bank should have provided you with proper notice and communication regarding your missed payments and their intention to repossess the vehicle. If they failed to do so, they may be in violation of consumer protection laws or the terms of your loan agreement.

2. Legal process: The bank must follow proper legal procedures when repossessing and selling a vehicle. If they failed to do so, such as not providing you with the opportunity to catch up on payments or not following the required steps for a legal repossession and sale, you may have a case against them.

3. Sale of the vehicle: If the bank sold your vehicle to another country without your consent, it raises questions about the legality of the sale and whether they followed proper procedures. You may have grounds to challenge the sale and demand compensation.

4. Refund of payments: Your right to a refund of the total amount paid towards the car loan prior to the repossession depends on the terms of your loan agreement and the laws in your jurisdiction. In some cases, you may be entitled to a refund of certain amounts, such as payments made in excess of the loan balance or any surplus funds from the sale of the vehicle.

5. Bank's conduct: If the bank engaged in deceptive or misleading practices, such as fooling you or refusing to address your concerns when you visited their physical store, this may strengthen your case against them.

To determine the best course of action, it is recommended that you:

1. Review your loan agreement carefully to understand your rights and obligations.

2. Gather all relevant documentation, including correspondence with the bank, payment records, and any notices received.

3. Consult with a qualified attorney who specializes in consumer protection or banking law to assess your case and advise you on your legal options.

4. Consider filing a complaint with the relevant regulatory authorities, such as the Consumer Financial Protection Bureau (CFPB) in the United States or similar agencies in your country.

Remember, taking legal action can be a complex and time-consuming process, so it is essential to seek proper legal guidance to ensure the best possible outcome.

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.