Legal Question in Credit and Debt Law in Michigan
Do I have to pay almost as much money for a car that I gave back to a bank after the car is sold in an auction?
1 Answer from Attorneys
Under the law, your car is sold (either at private sale or public) and the monies obtained are to be applied to the remaining debt owed less costs of sale, storage, sale, towing, etc....There are defenses to this though. It is very important to review the letters that were mailed to you. If those letters don't comply with law (the notice of sale letter) then it is possible that you might owe nothing. You should have those letters reviewed by an experienced consumer attorney. Also, if there was a breach of peace during the repossession of the car then that could also be an issue that gives you defenses. One thing to watch out for are cases where the dealer represents after you drive off the lot that financing fell through and demands return. That can be illegal.