Legal Question in Consumer Law in Texas

Voluntarily Returning A Car

We have a used car that we are still paying on here in Arlington, TX. This morning, the car's clutch went out. The car is currently unsafe to drive for many reasons (such as, we can't stop the car because we can't get it out of gear when driving). Although we posess the knowledge to fix it, the parts are just too expensive for us right now. In order for us to keep the car, we'd have to find the money to buy the parts, fix the car and pay the now due car payment. After a bit of thought, we decided to call the used car dealership to voluntarily give back the car. My question is this: Since it is a voluntary choice to return the car and not an unpaid payment or anything like that, can the car dealership leagally put it on the record as a reposession?


Asked on 6/06/06, 6:38 pm

3 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Voluntarily Returning A Car

Yes, its a voluntary repossession but a repossession just the same. You are breaching the contract by not continuing to pay as you agreed, in writing, to do. They will sell the car, apply the proceeds to the note and you will be responsible for the deficiency. If they choose to do so, they may sue you for the deficiency, but they almost certainly will put it on your credit report.

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Answered on 6/06/06, 6:57 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Voluntarily Returning A Car

Yes.

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Answered on 6/06/06, 8:59 pm
Amil Alkass LAVELLE LAW, LTD

Re: Voluntarily Returning A Car

How old is the vehicle? Some vehicles typically have a warranty for drivetrain components that may cover the problems you are having with the vehicle. If so, you may file a lawsuit against the manufacturer under a breach of warranty claim (usually under the Magnuson-Moss Warranty Act) which allows you to recover attorney fees upon prevailing. Check with the bar association in your county for consumer attorneys, they may be able to help you out.

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Answered on 6/09/06, 4:42 pm


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