Legal Question in Consumer Law in Virginia

car lien dispute

The dealer made me sign two loan agreements.

the bank put lien on the wrong one.

the dealer paid for the wrong one, bank sent me the title(NO Lien), Leaglly I am the owner.

I have not discovered the problem after one year.

The dealer wants me to make payments ,and signe a new loan agreement.I told them no, they are responsible for the mistake.

Dealer agreed to settle, pay for 6 months of my loan,to maker me settle, and pay to dealer under the new loan.

I agreed, but dealer backed off from this agreement, and wants to take me to court.

What should I do, and what might happen.


Asked on 4/22/05, 12:40 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: car lien dispute

First, before I answer, let me say that in ALL of these questions on this forum what counts is not the facts as you describe them here, but what will the judge believe after hearing both sides put on their evidence?

Second, based on the facts you describe, the worst that can happen (especially if the judge believes that it was the dealer's fault) is that you would have to pay what the dealer is asking. So what the dealer is asking is the worst that could happen.

Most likely the court would require you to pay the full balance of the loan with interest. But any costs or burden associated with the mix-up would be the dealer's fault and responsibility.

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Answered on 4/22/05, 1:33 pm


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