Legal Question in Consumer Law in Wisconsin

purchase auto

I recently purchased and auto from a dealer. April went it to apply for credit told dealer I have bad credit and loan on car was put on hold due to last year not employeed. Gave person my title to do a title search to find out who I owe and what amount. Came back month later stated did not have any leans on car. Came in two days later with co-signer ask again about leans or what amount of payoff. Person went out to loan personel and checked but not leans. One month after I purchased new car traded in old car they asked me to sign a title lost. I was reluctent but did with the knowledge to the salesperson I will not pay because they lost me title. Two weeks after the auto dealer tells I owe them 2900 because that was what was owed on car. My intent was to roll the loan into my new car loan. What are my rights?


Asked on 7/01/09, 12:25 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Liens on Traded Auto Title Not Disclosed by Title Search; Bankruptcy Rights as to Vehicle Debt

I could not begin to advise you about your liabilities and rights without seeing everything which you signed pertaining to the title in question. It might be possible for you to discharge the debt the dealer is now claiming on the old vehicle in bankruptcy, since signed the over to the dealer and gave them the vehicle and notified them at the time that there was probably a lien. However, you are probably liable for all amounts owing on your old loan, regardless of the dealer's title searching error, unless you declare bankruptcy (unless the dealer has the right under your documents to roll this into your new loan, which was your intent to begin with). Bankruptcy is also an option for getting rid of vehicle debt any time that you wish to surrender the vehicle. My comments here are not intended as legal advice unless you subsequently retain me.

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Answered on 7/06/09, 1:24 am


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