Legal Question in Credit and Debt Law in New York
i owe money to a doctor in tennessee.. i did not pay.. now its in collecttion agency.. they said they would take my car send it up to auction to get there money.... i must hand over my keys to them they sent me a letter stating this.. if i do not they will come and reposes it and at extra money toward the amount i owe... is this legal.. i now live in new york
2 Answers from Attorneys
No. The doctor must first sue you and obtain a NY judgment. In fact, you could now sue the CA for giving false information.
Absolutely False. In order for a car to be "taken" the MD must obtain a judgment against you in New York. Then, depending on circumstances he MAY be able to get a SHERIFF of MARSHAL to seize your vehicle and auction it off...that is unless you are leasing it or still owe $$ on it to whoever financed the sale. Any letter claiming otherwise MAY violate the Federal Fair Debt Collection Practices Act and MAY entitle you to an award against the collection agency IF the facts warrant it. Fax a copy to 718-504-4221 and I will examine it for you with additional recommendations.
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