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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33167
Experience:  17 years legal experience including consumer protection law.
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I am being sued for the full amount (about $35,000) for an

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I am being sued for the full amount (about $35,000) for an old car loan in New York State (Bronx, New York). The car was left in a parking garage but has since been re-sold (I looked up the VIN#). I am thinking of settling. Please advise.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Was the vehicle repossessed by the lender? Do you know how much they received for the vehicle? If so, how much did they receive?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.


Hi Tina,


 


I was out of the state and my brother left the car in a parking garage, so I don't know who re-sold the car.

I see. Thank you for clarifying the situation, Jodi. Then the lender may not have received any benefit from the sale of the vehicle and that would explain why they are suing for the full amount of the loan.

Given that this is such a large amount, you may wish to consider filing for bankruptcy protection, seeking to discharge the debt altogether. If you do not qualify for bankruptcy protection for any reason, then it would typically be best to initiate settlement discussions in an attempt to avoid a judgment from being entered against you and assets/income seized to satisfy the debt.

I would normally contact the attorneys listed in the case to see whether they are open to settling the case. If they are, I would likely offer something in the neighborhood of fifty cents on the dollar since they would then avoid litigation and collection costs as well as the risk that they may never collect on the judgment.

Of course, any agreement reached should be in writing and filed with the court.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 3 years ago.


Thank you so much!! I am well satisfied with the information you provided. Is there any way to find out who sold the car and collected the benefits? Should'nt they be responsible in some way if they didn't look up the VIN # XXXXX find out who the car belong to? Are they in any way liable?

Hello again, Jodi.

You are very welcome and thank you for the positive feedback.

No, since your brother abandoned the vehicle, the individual who sold it would not typically have liability to you, but they could be prosecuted for theft if you reported the vehicle stolen. If the police can recover the vehicle, that may aid you since it could be legitimately sold and the proceeds used to pay down the debt.

 

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina and 5 other Consumer Protection Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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Thanks again and all the best to you.

Tina

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