Legal Question in Credit and Debt Law in Virginia

auto lease reposession

My leased vehicle was reposessed in January of this year 2004. Upon weighing my options, and having 3 months left on the lease I decided to let the vehicle go. I was advised at the time by the customer service rep at mbcc that the vehicle would have to net $12,665.50 at auction (which I knew it would)or I would be responsible for the difference. In fact the vehicle sold for $15,600.00. Now after the fact I'm receiving threats and letters requesting $25,000.00 in residual value. I was told by the rep. before hand, that the laws in the state of Virginia had changed, and I would not be resposible for the residual. Based upon this information, I made the decision to let the vehicle go. What's true? do I owe the residual? Are their laws in Virginia to protect me? I need help!


Asked on 10/07/04, 12:06 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: auto lease reposession

What I don't understand about your question is what the total balance on the loan was. I would assume that if you were told that your car would have to net $12,665.50 at auction to avoid a deficiency, that the outstanding balance on the loan was $12,665.50 (not including any expenses of the auction, towing, etc., so as "net" that amount.)

If that is in fact correct, then the request for you to pay an additional amount is indeed a head-scratcher. Under the law in Virginia, if the auction netted more than the amount of the loan, then they would owe you the difference.

If in fact you do owe more than $15,600.00, then your complaint and question is about them telling you that you would not owe additional money. The problem with that is, of course, proving that they actually said that. It may be your word against theirs. If you can convince the court that they actually said that, there may be several legal grounds for defending against the additional claim. However, the key problem is whether or not the judge believes that they said that.

In general, they need to actually prove why you owe the additional money. If their reasoning for why you owe the additional money is shaky, you should not fear a trial. Outside of court, it is unlikely that you will convince them of anything. They can keep sending you letters and making all kinds of demands and they don't have to listen to reason. But when they go into court they actually have to prove it. So that's the only time when you can force them to stop if you can raise serious doubts about whether you owe that money.

However, I don't know enough about why they are claiming an additional $25,000 to be able to say if you have any good grounds for winning.

Where are you exactly? Facing $25,000, it would probably be worth hiring an attorney to defend you. After 8 years in business and law firms, I have gone out on my own where I am currently charging only $95 per hour by not paying for an expensive office. I share an office in Old Town Alexandria where I could meet you there.

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Answered on 10/07/04, 1:33 pm


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