Legal Question in Credit and Debt Law in California

Can a creditor sue me for a ''deficiency judgement''?

I understand that in some states, creditors cannot sue for the balance of a loan if the consumer good was a car. Is this true in California?


Asked on 11/26/01, 6:48 pm

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Can a creditor sue me for a ''deficiency judgement''?

In a word, no. Creditors in California can, and routinely do, sue consumers in this situation.

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Answered on 11/26/01, 7:29 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Can a creditor sue me for a ''deficiency judgement''?

In a word, No!

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Answered on 11/26/01, 10:07 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Can a creditor sue me for a ''deficiency judgement''?

I am correcting what should have been an obvious error. I believed the question was, it this also true in California? Then the answer would be correct, "in a word No!" but, in its present form I would have to say, "In a word, Yes!" Only when a purchase money security interest is given in real property is there anti deficiency law. Not in a motor vehicle transaction.

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Answered on 11/27/01, 1:02 am


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