If a lien was placed on the vehicle through the dealer and not a bank , can they sue me for unpaid payments if I take the vehicle back to them instead of them repoing it ? I know it will go as a repo on my record but I am willing to take that to get rid of the dealer and go somewhere else . It is a buy here pay here place . . . they " finance " everyone .
Lemon Law Attorney
Can they sue you? Probably, if they did their paperwork right. Will they sue you? Maybe not. When you can no longer afford the payments for what you bought, your best course of action is the one that does you the least future harm. If you surrender the goods (here, the vehicle) to the seller, they can resell them and if they don't get as much as what you still owe then in Ohio (and if they did the initial paperwork right) they have the right to make you pay for their financial loss. It's called a deficiency. If it isn't much, they may not care and let it go. After a repo has happened, Ohio law says the dealer-lienholder-lender (whichever it is) must send you a specific notice of their intent to sell your vehicle, including when and where and for how much, with a notice saying you can “redeem” it by paying them what they want to let you have it back. The amount has to be legally and properly calculated under Ohio’s UCC “repo” law. Of course they hardly ever sell it for what is owed on it and you often will get a “deficiency notice” saying that you still owe the rest of the loan balance. Ohio’s repo law says that after the sale they have to send you a written explanation of the sale proceeds and how they were used and what, if anything, you still owe them. That’s when you have to be very careful. The law in each state is a little different but, like Ohio, all states generally require a very specific kind of notice to be sent to you, saying some very specific things, within a specific and limited time from when the sale occurred, or they can’t make you pay the loan balance at all. Many lenders, including buy here pay here lots and both big and small finance companies, just don’t send the right notices, saying the mandatory things that have to be said to you, at the right time. Or they may not make their calculations right in the deficiency notice letter. And if any of that happens, they may not be able to collect a dime from you. But it all depends on the paperwork, the number calculations and Ohio’s repo law. To find out what all this means in your situation, you need to talk to a local Consumer Law attorney who deals with this kind of case like Greg Reichenbach, who handles cases in northern Ohio. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://tinyurl.com/ConsumerAttyList) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.CarSalesFraud.com
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This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you
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