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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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My truck was repossessed without a written notice right to

Customer Question

My truck was repossessed without a written notice right to cure
Submitted: 8 months ago.
Category: Legal
Expert:  CalAttorney2 replied 8 months ago.
Dear Customer,I am sorry to learn of this situation.The South Carolina Bar has published a very helpful article detailing consumer rights and the required procedure (as well as your remedies) associated with auto repossessions. You can find that article here: http://www.scbar.org/Public-Information/LawLine/What-are-Consumers-Rights-in-Auto-RepossessionsIn general, the failure to give notice of right to cure is generally raised as a defense to a suit for deficiency (when the lender sues the borrower for the remaining amount due), as opposed to being used as an affirmative claim (where the borrower sues the lender for failure to follow the statute), simply based on the practical posture of the two parties. But if you wish to pursue the matter aggressively, you can of course sue the lender affirmatively in civil court for the failure to give notice. In your suit, you must be prepared to show that if you had been given notice, you would have had the means to pay the deficiency (most of these claims fail because the plaintiff is unable to show "damages" - i.e. they sue and say the lender failed to give notice, but the defense is "we failed to give notice, but even if we had given notice, the borrower didn't have funds to pay us, so there isn't any harm").

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