Legal Question in Credit and Debt Law in New York

Auto Repossesion debt

Hi, back in 2000 I Financed a car in FLORIDA, The car was 6000, I put $2000 down ($4000 left). I moved back to NY with the car I defaulted on the payment's (couldnt get a job at the time). They repo'd the car. I expected to get a letter or something telling me how much they sold it for so I can pay the balance. I got a letter like a year later stating I owe around $8000 dollars - I called up and asked how much they sold the car for and noone knew, They couldnt even tell me why it was $8000. I later found out the bank that loaned me the money went bankrupt. so other creditors are taking over my debt case. and right now it's up to like $13000. Is there anything I can do about this? How is it possible/legal to add almost $9000. I would like to get this fixed what can be done?


Asked on 2/22/06, 8:14 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Auto Repossesion debt

What a disaster! But the auto repossessor has a duty to re-sell the car and credit you with the amount received.

The interesting part is that the auto repossessor must sell it in one of several leagal formats; auction is the usual way.

If they cannot account for the car, then the claim against you will be dismissed. You will owe nothing.

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Answered on 2/23/06, 4:09 pm
Jacob Silver Attorney At Law

Re: Auto Repossesion debt

They add whatever they want, unless you challenge their numbers in court.

You may be best served by filing for bankruptcy and getting rid of the debt if possible.

New York Bankruptcy Attorney, Bankruptcy Lawyer in Brooklyn New York

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I will provide you with personal attention to your individual situation.

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Jacob Silver

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Answered on 2/22/06, 10:48 pm
Jay Fleischman Shaev & Fleischman LLP

Re: Auto Repossesion debt

Your question was answered on a recent episode of the Debt Podcast. Go to www.debtpodcast.com to listen to the show, submit your questions, and more.

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Answered on 3/13/06, 4:15 pm


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