Legal Question in Credit and Debt Law in Pennsylvania

In January 2009 my car was repossessed because I was past due on my December 2008 payment. They sold my car at an auction (I'm not sure for how much) and that was that...at least I thought so.

Last week my brother was served with papers for me from the credit union saying that they were suing me for the balance of what I owed on the loan after the car was sold.

My question is this:

1. First of all, I thought only the person being served was allowed to receive the papers from the lawyer. Is that not so?

2. I do not think that I should have to pay the entire amount that they are saying is due for a car that I no longer own. Is there any way for me to not have to do so? Because paying monthly for a car that I haven't had in almost 2 years is ridiculous.

3. Do I legally owe them the difference for how much I had left on the loan minus how much I had already been paying (monthly) when I still owned the car (minus) whatever it was sold for at auction? If that's the case, they are saying that I owe way more than I should.

I hope this made sense!

HELP!


Asked on 12/23/10, 8:22 am

1 Answer from Attorneys

First of all, when car is repo'd and sold, it almost never brings in the amount owing on the car. Whenever there is a deficiency like this, you are responsible, so the sale was not the "end of it" and you are responsible for the full amount left. You owe whatever was left on the loan, plus collection/repo costs (if any), plus costs of the repo sale minus whatever the proceeds of the sale were. That does not mean that you cannot settle for less however.

You are wrong about service. The papers can be left with any adult at the residence where you live.

Since you have been sued, you have a few options: (1) file bankruptcy, if it makes sense to do so (like where you have other debts); (2) settle for a lump sum (start at about 50%) of the debt if you have the funds; (3) if you don't have the funds, start saving. You can always settle later when you do have the funds; or (4) call the creditor's attorney and see what they are willing to accept per month on the debt. Offer to sign a consent judgment in which they promise not to execute (take your stuff or levy your bank account) as long as you pay them so much per month. No money changes hands by you UNTIL you get an agreement in writing.

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Answered on 1/11/11, 8:57 pm


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