Legal Question in Credit and Debt Law in Virginia

Car repossession defiency

Do to my failed marriage, I gave up my 2003 honda S2000 because I fell behind on payments and my wife had left. I let them come take the car and I did get a letter saying they would sell it and that my wife and I would be responsible for the deficiency. I never got a letter saying where they would sell it or a date, but I check my credit report last night and see that it's listed as a charge off and the balance went from 30K to $1,4474. My ex and I are on good terms and neither one of us can afford to pay $14K.I am swamped in bills, child support etc and my wife leaves with her Sister and will become a full-time student in JAn 06. Can you advise me if I can get help. For my both my wife and me?


Asked on 12/28/05, 1:24 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Car repossession defiency

I am not sure what you are asking because it

sounds like nothing is happening, except of

course you are not happy with having it on your

credit report. I would not worry too much about

that. I know people who have been reported as

dead, and totally false information is on other

people's credit report. So, as annoying as it

is, if nothing is happening, I would leave

things alone.

If you wait long enough, and nobody does

anything, eventually 5 years will pass from the

date when the last payment was DUE and not paid

(NOT from the date of repossession or auction,

but from the FIRST date that a DUE DATE was not

met by you). At that point the statute of

limitations will have run out and you won't have

to pay. If you are in school, there is a greater

chance they won't sue you right away knowing you

don't have any money.

You could try going to Lexington Law Firm, which

harasses creditors to delete items from your

credit report. They are totally legitimate,

compared with some, and not very expensive.

My brother found them to be very helpful.

Try calling: eight hundred 4583107 or visit http://www.lexingtonfinancialservices.com

Use Agent Code 541.

Now, the fact that they did not notify you of

the date and place of the auction may totally

prevent them from ever suing you. That might be

the reason why you have not heard from them.

The lawyer might try to assemble the necessary

documents to prove the case for the deficiency,

and can see that important documents are missing.

(Notice, however, if you moved and they used your

old address, you may have to prove that they

should have known your old address was no longer

valid.)

If you get sued, you need to make sure you show

up on the right day and challenge the case.

You should probably seek legal help. $14K is

worth spending $125 per hour for my help, for

example, and I think you should get an attorney.

But I would let sleeping dogs lie in the meantime. Maybe you will get lucky and the

statute of limitations will run out.

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Answered on 12/28/05, 6:19 pm


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