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Bought a car at a buy here pay here lot. Can't afford it anymore. Gave it back willingly. Whats the consequences?

Sevierville, TN |
Filed under: Debt

Bought a 2000 ford focus at a buy here pay here lot. Had it for a year and a half always paid my payments which where $300 mo. Gave it back because hours where cut and daughter moved out whom was helping me with the bills so now I can't afford car payment. Buy here pay here lot came and got the car now I got a certified letter saying its going to auction. Now I know that i'll be responsable for the difference but by being in a financial struggle can I go to court and ask the judge for payments that are affordable? I'm sure they'll sue me. Or will there be a set amount that i'll have to pay? I have already paid over $5000 for this car and the car being a ford focus year 2000 with 150,000 miles to me has already been paid for will a judge even consider that?

Attorney Answers 1

Posted

Buy here pay here lots can be lecherous. Most states have a an instalment loan law that can say if you pay off a high enough percentage of the price then they can not repossess it or your liability may be less than you think if they do. Also, these kind of dealers often violate states sales and finance laws and that may get you out from under the deficiency. State laws also set up very specific requirements on what the lot has to do in order to be able to recover any deficiency at all and if the dealer doesn't do exactly what is required, then they have no right to any more money. There are lots of ways to deal with it but you need to see an attorney in your state to find out what your legal rights are. Call your local attorney bar association and ask for a referral to a Consumer Law attorney near you. If there is none, go to his web site and read this free national list of consumer law attorneys and find one nearest you: http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml. Lawyes don't pay to get put on this list and most of them are members of the only national organization for consumer law lawyers. But don't wait too long to talk to an attorney because your rights may expire.

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