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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111576
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My vehicle was reposes two weeks ago

Customer Question

My vehicle was reposes two weeks ago; Thursday, May 14, 2015, after a Title loan from Loan Max in May of 2009. I borrowed 4,500 from said company. I paid back a total of $4,800.00 to said company since February 2010. In February of 2010 I filed bankruptcy and now they want to collect from me. They are not denying the amount borrowed and paid back, but after 6 years, they are now telling me that it was not closed out so I owe them over $10,000.00 but they will settle for $2000.00 I only have until tomorrow to retrieve my 2004 Highlander limited, that was paid off for since 2006. I need some legal advice as I need to retrieve my vehicle. I was told they can sell it after Saturday. I will not be in town on Saturday. I would like to know if I can pick up my vehicle only from a time perspective, and then take them to court. Elaine 240-xxx-xxxx.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A title loan is a secured loan, which means that you must review the contract to determine what they were entitled to charge you under the contract. If you pay them to recover your vehicle, write "with reservation of rights" in the memo of the check and you can then get your vehicle back and sue them if they charged you money that was not authorized to be charged under the terms of the contract.
So you can pay, pick up your vehicle then sue if they charged you more than the contract you had with them said they could charge you. Once you pay, get a copy of the loan contract to a local consumer attorney to review to determine if they had any right to charge you what you paid and to sue them for unfair and deceptive practices (which entitles you to attorney's fees and potentially up to 3 times your money back) and breach of contract for doing so if they violated the contract. You can also, in addition to suing, file a complaint with the MD Attorney General for their unfair and deceptive practices and they could face potential criminal sanctions as well.