Legal Question in Credit and Debt Law in California

Reposseion

If a vehicle is repossessed, what are my legal rights on keeping a lien off my property for the defiecency balance.


Asked on 10/04/02, 11:12 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Reposseion

Thank you for your posting. I am assuming by a "lien" you mean a judgment lien against you for the deficiency balance on a repossessed vehicle. In order to obtain a judgment lien, your creditor would have to sue you and obtain a judgment by default (meaning you did not file a response), or by proving damages at trial, which may take some time. Your legal rights consist of the following:

1. Opposing the lawsuit against you before judgment;

2. Opposing the amount the creditor seeks to get in a judgment before it is final;

3. Negotiating with the creditor to pay back a portion of the amount, thus avoiding a judgment; or

4. Filing bankruptcy, and discharging this debt to avoid a judgment, or a lien .

These options vary in price, but if you would like more information, or have any questions, please feel free to contact me via email, or via phone, toll free, at 1-877-568-2977. I do have an office in San Diego, and I'm happy to help in any way that I can.

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Answered on 10/04/02, 12:42 pm


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