Legal Question in Credit and Debt Law in Georgia
I filed a chapter 7 bankruptcy which was discharged in December. I reaffirmed on my auto but at a lower monthly payment than original. I signed the reaffirmation papers sent by Citifinancial thru my attorney and have been making the agreed upon payment amount since that time. This morning I received a call from Citifinancial Auto stating that the reaffirmation was not included in the bankruptcy the reason was not given. I was told that the monthly payments I have been making have not been applied as I would think and that I am now in arrears of $1, 234.00 on my vehicle payments. I don't have that kind of money, which is why I filed a bankruptcy to begin with. I was told that I don't have a debt with them because it was discharged, however if they come and take the car because my husband cosigned on this loan with me I know they will come after my husband. We are barely keep afloat with our mortgage payments and huge monthly medicine bill since my husband is sick. Can they do this when there was an agreement to reaffirm signed by me and my attorney? I don't know why their legal department let the ball drop and not file the reaffirmation with the court. What can I do?
2 Answers from Attorneys
Non one here can possibly tell you what happened. Call your lawyer and ask.
Why would you be thinking of asking here where no one will know the facts instead of calling your lawyer.
A reaffirmation, to be valid, must be signed by you AND accepted by the creditor. If either did not happen, it is not binding. However it was signed by both and recorded, then Citifinancial could be held in contempt, and you could be collecting money from them.
Obviously, call your lawyer.
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