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Tina, We are a used car dealer and sold a car to a customer

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Hello Tina, We are a...
Hello Tina, We are a used car dealer and sold a car to a customer on march 27 2017, the down payment on the car was 5000, the customer just give us 3000 and make 2 pick up payments on 1000 every 2 weeks the first payment was due by abril 10 and the other one by april 20, but after 3 days he bought the car he came to the dealer complaining about the suspension of the car and ask us for some more time so then he can fix the car and make the first payment on may 1st but that never happens, he never showed up so we start calling him trying to get him to pay but he told us he did not had the money and we need it to wait until may 10 if we want it to get paid
JA: What state is this in? And how old is the car?
Customer: so we hire a repo company and send them to pick up the car, when the repo guy was there trying to repo the car the customer broke the key into the cylinder we are in Georgia and the car is a Chevrolet Avalanche LTZ 2007
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: the thing is this guy filed for bankruptcy 3 days after we repo
Submitted: 6 months ago.Category: Legal
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Answered in 10 minutes by:
5/16/2017
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,493
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if he filed for bankruptcy, you will need to now file proof of claim in the bankruptcy court AND a motion for waiver of automatic stay where you will allege this debt is based on his fraudlent conduct for intentionally breaking the key off in the cylinder and as such he is liable for those costs of repairs that should not be discharged in the bankruptcy. If the court agrees that this conduct was fraudulent to deprive you of the car, which they likely would, then you can file suit in court only for the costs of repairing the damage he did to the car. If you get a judgment as you should, then the bankruptcy trustee can make sure it is paid from the bankruptcy as a debt not discharged due to fraudulent/malicious intentional conduct. As far as the car loan, you keep the money he did give you and get the car back to resell after you make the repairs.
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Customer reply replied 6 months ago
your answer sound just great but I did not finish with my case, Once he filed for bankruptcy we received a letter from his lawyer requesting us to give the vehicle back to the customer and we agree with that because we know the law but we ask them to let the customer know that the vehicle wasn't drivable because of the half key still in the cylinder; any way the customer showed up on Saturday to pick "his car" but instead that he weren't able to turn it on he decide to destroy the car and took out a radio that he had install on it, took parks from the engine and broke a lot of pieces from the car, I had to call the police and once they arrived they ask the customer to leave and give him one hour to take the car out of the dealer but with a towing car, he declined and left. we made a not trespassing against him and now we don't know what to do.
We have the car already here at the dealer destroyed.
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Thank you for your reply.
The answer is still the same as far as liability for all of the damage and the process for getting the court to lift the stay holding this is fraudulent/malicious conduct which cannot be discharged in the bankruptcy, which will then allow you to sue him and collect since he cannot get out of this debt by bankruptcy.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,493
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