Legal Question in Credit and Debt Law in Virginia

vehicle leins

I got a lein on a car in 08 the car was consider totaled and the insurance company paid the blue book price of the car. this left a balance of about 2600. I stop makeing payment because i was upset the dealer sold me a car that had been totaled before. I have a court date coming up for nonpayment . What are my options?


Asked on 1/09/09, 10:58 am

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: vehicle leins

I don't understand exactly what is going on here. I guess you are saying that BEFORE you bought it used, it had been "totaled?"

With used cars the problem usually is that you buy a used car "as is" -- with no warranty. You need to check into what the terms were when you bought the car. Was it "as is" -- that is, no promises.

If you have a complaint against the car dealer, you probably need to file a COUNTER CLAIM suing them for fraud or misrepresentation. Your complaint might not be an effective defense to payment. You need to make an affirmative claim of your own that you were defrauded by getting a less valuable than car than you were led to believe.

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Answered on 1/10/09, 10:55 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: vehicle leins

You will probably have to pay the noteholder the balance still due on the car loan or a deficiency judgment will likely be entered against you by the court for the amount of this balance owed plus any applicable costs such as attorney's fees.

However, if you were, perhaps, fraudulently induced into the purchase of the vehicle by the misrepresentations of this car dealer, then you may have one or more viable causes of action against him.

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Answered on 1/09/09, 2:04 pm


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