Legal Question in Civil Litigation in Georgia

My name is David and I live in Savannah, Georgia. I had a collision on August 5, 2009 with my vehicle on and while my vehicle was in the tow yard, Ironically, I received a "late payment notice" from my lender inquiring about my payment, so I immediately called them to discussed late payment options and fees. I knew this was a sensitive situation and that I needed to stayed in constant contact with the lender. I put $10,000 down on this vehicle and I didn't want to loose it.

On August 18, 2009, I received a certified letter (dated August 15, 2009) advising me that the vehicle had been "repossessed" by the lender and they were giving me a "notice of our plan to sell". I found this disturbing to me considering the time frame and that I had already been in contact with the lender. The lender was also shocked about how fast the vehicle was taken. I wasn't that far behind. On August 29, 2009, as per my lenders advise, I made my late payment that would have brought me up to date. They assured me that everything was fine and that this kind of thing "happens all of the time and not to worry". We both thought that there was some sort of misunderstanding. I could tell by speaking to them that "this wasn't handled right" . On September 02, after they received my payment, I receiving a "reinstatement agreement" from my lender. I immediately signed it and faxed it back to them. They were in the process of locating the vehicle in Savannah when they called and said that they had "bad news". They informed me that my vehicle had been sold to a "private party" and that they were sorry and that there was nothing they could do. I had lost my vehicle and my belongings and my lender had no answers or advise for me.

On September 4, 2009 I received a letter from Citibank Auto that I owed the deficiency amount of $7,973.17.

In less than a month from receiving my "late payment notice" I had my vehicle repossessed and sold to a private party. I thought I had time!!!!

Now two years later, I now have a civil suit against me for the amount above. Do I have any recourse? Is there anything I can do about this?


Asked on 8/24/11, 10:00 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As soon as you were one minute late, the lender could repossess. The lender wasn't suprised by the speed of the events. The lender caused them.

You probably have no defense, other than bankruptcy, especially since you did most of this by phone and fax. But let a lawyer look over everything to be sure. Again, since you breached the contract, and ignored this for two years.

Regardless, you have to get a lawyer within 30 days of being served. And bankruptcy probably is the only way out.

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Answered on 8/24/11, 10:19 am


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