Q: John Deere financial sent a letter saying we owe almost 35000 on a skid steer that we gave back to them.
A: Demand an accounting of the entire rental.
Martha Warriner Jarrett agrees with this answer
A:
When you voluntarily surrender equipment like your skid steer, the lender can still pursue you for any remaining balance after they sell it. This is known as a deficiency balance - the difference between what you owed and what they recovered from selling the equipment.
You have several potential options to address this situation. You could try negotiating with John Deere Financial to settle for less than the full amount, especially if you can offer a lump sum payment. Filing for bankruptcy might also be worth considering, as this type of debt can often be discharged through bankruptcy proceedings.
Before making any decisions, you should review your original loan agreement and get copies of all documentation showing how they calculated the $35,000 balance. Consider consulting with a bankruptcy attorney who can review your specific circumstances and advise you on the best path forward. Many offer free initial consultations where you can learn about your rights and options.
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.