Legal Question in Credit and Debt Law in Virginia
This is about a used car dealer that put a lean on my car. I paid $6,000 cash for a car in 2005. They gave me $1000.00 on my trade in.( 300zx Nissan,- yr?) Nine yrs. later I'm ready to get a new car. I can't find the title. They are claiming I never traded in my previous car and owe them $1,000.00. Question, do they hold the title if there is a lean and two, are individuals allowed to subpoena records? They refuse to give me any copies of the records. (imagine that... not wanting to help) I am filing for a title search, as I write. The dealer is asking for information on the car I traded in. I am currently doing a title search. What other information do I need?
1 Answer from Attorneys
No, if the dealer or other creditor of the buyer has properly recorded a lien against the title of the subject vehicle, there is no need for either to actually "hold the title" to it.
And, yes, any proper party to a lawsuit that has been filed may request to
subpoena records that are relevant to the matter(s) at issue.