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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3597
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I bought a car on 2002 for 11,000 I only was able to make 3

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I bought a car on 2002 for 11,000 I only was able to make 3 payments I still have the car and its been 11 years since I defaulted the charge off is now off my credit report is there a way I can get the title for it it all happened in washington. right now Im getting ready to move to arizona thats y I wanted to know if I can get the title to get it licensed in arizona
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. It is possible to get the car titled in your name. http://apps.leg.wa.gov/WAC/default.aspx?cite=308-56A-210

LegalGems :

This statute governs the procedure, for example, for the bond: http://apps.leg.wa.gov/rcw/default.aspx?cite=46.12.680

Customer:

can they still get the car

LegalGems :

The statute of limitations would be expired - let me verify something.

Customer:

ok

LegalGems :

Since the car was collateral, it is considered a secured debt. The lender would be limited to repossessing the car, and would not be able to sue for the deficiency (the difference between the amount owing, and the amount the car would net at an auction).

LegalGems :

However, it is quite possible the lender is no longer in business, as that does occasionally happen. If they haven't pursued this in 11 years, it would be surprising if they were still a viable business.

Customer:

would it go on my credit report again as bad if they did repo it

LegalGems :

Yes, a repo would be reported to the credit agency, assuming the creditor chooses to report it (it is based on their internal policies).

Customer:

ok it came off my report 3 years ago as a chare off I dont really want it back on my report again the blue book on the car right now is 1100

LegalGems :

Even if a creditor does a charge off, the debt is still "active" if they choose to act on it - but again, for secured debt it is limited to the underlying collateral if the statute of limitations has run. Have you checked to see if the lender is still in business? That could explain a lot.

Customer:

yes they are

Customer:

it was hyundia motor finance

LegalGems :

I'm surprised they didn't pursue this 11 years ago.

Customer:

they did but I couldnt pay it

Customer:

and I was living out of state at the time

Customer:

where it was licensed

LegalGems :

Ok - that is good information to know because the statute of limitations is actually tolled when a party leaves the state. How long were you out of state for?

Customer:

a month

LegalGems :

Oh, ok - then that's not really an issue.

LegalGems :

I thought you met for a significant time period.

Customer:

they gave up on repoing it and did it as a charge off

Customer:

then I waited 7 years kept tabs current and now it all has came off my report

LegalGems :

In order to get title transferred to your name, you would need to follow the steps outlined in the statute. One of the options is to file a bond - I'm not sure if you would want to do this since the car is worth $1100, but it would be an option that is available.

Customer:

yea the car isnt worth much

Customer:

most likely it will cost them more to repo than car is worth

Customer:

what would u reccomend I do

Customer:

drive the car till it quits and junk it

LegalGems :

We really can't give specific legal advice because it comes down to a personal choice; and only your personal attorney knows the particulars of your situations. However, the statute's remedies have quite a few hoops one needs to jump through. Another option would be to contact the lender to see if they would sign off on it -however many people may be reluctant to bring it to the lender's attention. If they agreed to sign off on the lien, it would be a much simpler process to transfer title.

Customer:

ah ok

LegalGems :

You can link to the statute and see the various procedures - it is rather detailed.

Customer:

I have it up

Customer:

I just want to be able to license it in arizona when I move

LegalGems :

If you scroll down to the bottom, the statute states that it can even be sold. - Here is the language: 7) May I transfer ownership on a vehicle with a bonded title or three-year registration without title? Yes.


(a) Owners releasing interest in a vehicle with a bonded title or three-year registration without title must provide a release of interest described in WAC 308-56A-265;

(b) The new owners must submit an application for title as described in this chapter and complete the time remaining on the current ownership in doubt period

Customer:

ok ty for ur help

LegalGems, Lawyer
Satisfied Customers: 3597
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 4 other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 1 year ago.
Good morning. I did further research on this as it did not sit well with me that this could be "hanging" so to speak, for this many years.

Even though this debt has collateral, the specific WA statute does not exclude secured debts from the following statute: http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.040

As such, the statute of limitations is 6 years from the date of the last payment, so no repossession would be permitted if there has been no payments for 6 years. If you followed the procedure in the statute (i.e. the subparagraph that address obtaining a court order), a copy of this statute would indicate to the judge that the repossession time period has lapsed, and as such would likely result in an order that the lienholder be removed as the statute has expired.

This should help with the process.

Thanks!

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