Legal Question in Credit and Debt Law in North Carolina

Can a finance company sue a person for a car that they have already reposessed and sold?


Asked on 3/28/11, 6:56 pm

1 Answer from Attorneys

Yes. Once cars are repossessed, the lender adds in repo fees. If the car is nott redeemed, the the lender adds in sale costs. Cars are sold at auto auction for a lot less than what is owed. After deducting the auction sale price there is usually a balance owed by you. That is why it is always better to avoid a repo if possible as otherwise you are stuck paying for a car that you no longer owe.

I assume from your question that your vehicle was repo'd and sold a long time ago and you are now being sued or suit is imminent.

Depending on your circumstances, you might pay a lawyer to fight the lawsuit if you have grounds for doing so. Otherwise, it is my opinion that your money would be better spent on either a bankruptcy attorney or in settlement of the debt. Rarely is doing nothing an option unless you are completely judgment proof. Judgments last for 10 years and can be renewed for 10 additional years.

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Answered on 3/29/11, 7:00 am


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