Legal Question in Credit and Debt Law in Georgia
auto reposession
My car was reposessed 6 years ago and I was told that they would sale the car at auction and I would be responsible for what was left oweing on the car. I never received any documents stating what the balance was after the vehicle was sold. I want to pay the debt but I also want to make sure that they are not asking for more than I really owe for the car. I had a attorney call me yesterday and said that he didnt have that paperwork available and I owed $4133.96 to pay it now or I would see him in court. Do they not have to give me that information legally when I ask them to show me the actual amount owe and why cant I schedule payments if that is the real amount I owe I dont have that kind of money or that would never have happened .
2 Answers from Attorneys
Re: auto reposession
NEVER talk to a creditor by phone. (Attorneys almost never call, so the person who called likely lied to you as to their identity, which is illegal). If you receive a written communication, see a lawyer to determine if you should pay, not pay, or consider bankruptcy.
Re: auto reposession
There is nothing inherently wrong with speaking to a creditor/collector by phone, especially since you obviously are willing to pay your debts. However, do not provide bank accont numbers and make sure any agreement is in writing. Obviously, you want to pay what you owe so bankruptcy is apparently not a good idea for you. If you receive nothing in the mail about the debt, and someone else calls, ask them for a detailed statement showing the charges and sale price. If you believe the charges are valid, offer a payment plan (again, in writing).
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