Legal Question in Credit and Debt Law in Pennsylvania

my car was sold after repossession without notice to me. the law says that I must be giving notice. is there anything I can do


Asked on 9/22/13, 6:34 am

1 Answer from Attorneys

You did not happen to notice your car was gone and you made no inquiries?

Your car was repossessed because you missed one or more payments. In most states, the car lender is permitted to engage in self-help and repossess the car. The owner of the car is given 10 days (or more possibly) to redeem the collateral. It can then be sold and the proceeds applied to the loan balance.

You are supposed to be given notice and that was not done here. This does not excuse the failure to give notice, but what would you have done if you received it? Depending on what the loan documents say, a lender may have the right to accelerate the debt, meaning that the total amount owed on the loan and not just the amount by which you were behind would be owed as well as any collection costs. If there is no way that you could have come up with the money then I am not sure what the remedy would be here as you would not have gotten the car back unless you filed bankruptcy.

But I am not a consumer lawyer. You need to have what was done reviewed by a local general civil litigation/consumer law attorney to review your loan and other documents to see if there was any provision relating to waiver of the notice and, if not, what the remedy would be here.

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Answered on 9/23/13, 12:10 am


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