Legal Question in Civil Litigation in Georgia

My car was totaled capital one sold it to the insurance company. The sold it for 2,0000 less than what was owed. Now a year and a half later we ahve got someone trying to take us to court for the money owed. Can they do this once that have sold what was left on my car and released the title?Type your question here...


Asked on 9/25/09, 1:28 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless you bought gap insurance to cover being upside down on a car (and you should always buy that on any car loan over 12 months long), you owe the difference when the car is totalled. With an amount that large, you may want to look into bankruptcy if you cannot pay it. Be sure to act before 30 days elapse from service of the lawsuit. Call me if you want details on the bankruptcy option to see if that would help you.

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Answered on 9/30/09, 1:59 pm


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