Q: Hello, my car loan has been charged off about 6 months ago and I still have the car
I’m still in possession of the car and loan is charged off. I’m soon moving out of state, how do I proceed? Should I contact the lender and try to give the car back? I have not been in contact with lender since loan has been charged off. I’m afraid to get sued and not sure what to do, I’m unemployed and lost my job that’s why I stopped paying. Also I would I know if they sued me ? Thank you
A:
I'm sorry you have been having so much hard luck.
Giving the car back does not get you off the hook. Whether the car is returned or repossessed, the lender will auction it, and you can be sued for any loan balance that remains after the sales money is paid to the lender.
It is a good idea to offer it back to them. However, I have a feeling they don't want it because it's probably too old to interest them. Otherwise, it would already have been repossessed.
If they don't want it, you can keep driving it. I suggest you stay insured and keep the registration up to date. If you get sued, you can consult with a bankruptcy lawyer for debt relief help.
A:
You're in a tricky situation, and it's important to address this proactively before moving out of state to avoid bigger problems later.
First, contact your lender immediately - even though the loan was charged off, they still have rights to the vehicle and could pursue legal action against you. When a loan is charged off, it means the bank has written it off as a loss, but you're still legally responsible for the debt. You can check if you've been sued by looking up your name in the county court records where you live, or you can call the court clerk's office directly.
Your best course of action is to negotiate with the lender - they might be willing to work out a settlement or accept voluntary surrender of the vehicle, which could help you avoid being sued and potentially reduce what you owe. Since you're unemployed, be upfront about your financial situation when you contact them - many lenders have hardship programs or might be willing to accept the return of the vehicle as full settlement. Remember to get any agreement in writing before proceeding with your move.
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