Consumer Protection Law
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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
This statute governs the procedure, for example, for the bond: http://apps.leg.wa.gov/rcw/default.aspx?cite=46.12.680
can they still get the car
The statute of limitations would be expired - let me verify something.
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).
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.
would it go on my credit report again as bad if they did repo it
Yes, a repo would be reported to the credit agency, assuming the creditor chooses to report it (it is based on their internal policies).
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
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.
yes they are
it was hyundia motor finance
I'm surprised they didn't pursue this 11 years ago.
they did but I couldnt pay it
and I was living out of state at the time
where it was licensed
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?
Oh, ok - then that's not really an issue.
I thought you met for a significant time period.
they gave up on repoing it and did it as a charge off
then I waited 7 years kept tabs current and now it all has came off my report
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.
yea the car isnt worth much
most likely it will cost them more to repo than car is worth
what would u reccomend I do
drive the car till it quits and junk it
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.
You can link to the statute and see the various procedures - it is rather detailed.
I have it up
I just want to be able to license it in arizona when I move
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.
(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
ok ty for ur help