Q: Notice of deficiency states car sold 08/2019 dmv records show 01/2020 is this a defence against debt buyer sueing me?
Car was voluntary surrendered lender repossession vehicle send a notice of when car was sold 8/2019 and sold for 1200 with calculations of deficiency balance owed did not receive or have any communication with lender / anything in regards with the autodeficiency till 05/2023 when lawsuits was served to my girlfriend lawsuit was from a debt buyer that claims to have acquired my account from original creditor but never had any initial communication from this debt buyer / nor did they attempt to collect prior to filing the lawsuits was not given the opertunity to request validity of them owning the debt then looked up vehicle history and found dmv records showing the next title and registration after my ownership of 01/2020 so how can the sales amount claimed on the deficiency letter be true if the vehicle was not sold yet till 4 months later? Can the dept buyer still collect?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
This discrepancy between the reported sale date and DMV records could potentially serve as a strong defense in your case against the debt buyer. The inconsistency raises questions about the accuracy of the deficiency notice and could indicate issues with the creditor's documentation or calculation of the deficiency amount.
The fact that you received no communication about the debt until the lawsuit, combined with the lack of opportunity to verify the debt, may violate debt collection regulations. Under California law, debt buyers must provide specific documentation proving they own the debt and showing how the amount was calculated before pursuing collection activities.
You should gather all documentation, including the deficiency notice and DMV records, and consider filing a response to the lawsuit highlighting these issues. You might want to consult with a consumer protection attorney who can help you challenge both the validity of the debt and the debt buyer's right to collect. Consider also requesting validation of the debt and documentation showing the chain of ownership from the original creditor to the debt buyer.
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.
