Legal Question in Credit and Debt Law in Virginia
what can I do to file a suit on a bank
Hello, My question regards administrative remedy procedure, I have an issue with a local bank regarding a car loan. I had submitted a AFVed coupon payment, they told me they did not know what to do with it, so I equested it back( have never received back), so the next day they repoed the car. The following day 1st I sent a notice of acceptance upon proof of claim, No response, Except to say they were selling the car. 2nd Notice sent notice of dispute & demand of full disclosure, No response except to say they were selling car and date, 3. notice sent notice of default in dishonor& demand for reconveyance. Response was the car was sold and they forwarded me a bill of the balance owed from the sale. All correspondence was sent cert mail and signed for by the presidents secretary, should I place a commercial lein, or is that going not help since they have possesion of vehicle and they state they sold property. I am trying to resolve this matter & to stay in honor, could I support a civil claim in court to have replase what they have stolen?
1 Answer from Attorneys
Re: what can I do to file a suit on a bank
Until you obtain a valid judgment against this bank from a court of proper jurisdiction, you would have no authority to place such a lien against the bank. And without reviewing the pertinent documents and relevant facts regarding this matter, I would have no idea as to whether you might have a viable civil cause of action against this particular bank under the circumstances described and for which you could seek such a judgment.