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Can we charge finance company storage fee for not picking up a car that was subject to bankruptcy

Asked over 3 years ago - Calhoun, GA

my in-laws filed chapter 7 last year. a van that they had financed is parked in our yard. the finance company has never picked it up. we sent a certified letter as per their attorney's instructions,giving the finance company 45 days to pick up the van.it's been well over 45 days and the van is still here.do we have the right to charge the finance company a storage fee?

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Attorney answers (2)

David Leibowitz

Reputation Level 11

Answered over 3 years ago. Bankruptcy Attorney in Chicago, IL.

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In all likelihood no. Read your contract which will govern in all respects.

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Cass S Weil

Reputation Level 8

Answered over 3 years ago. Chapter 11 Bankruptcy Attorney in Minneapolis, MN.

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You probably canot charge for storage unless you are in the storage business or fall under some section of Georgia law that qualifies you as a "bailee". Since I do not practice in Georgia, I cannot tell you. A Georgia lawyer shoould be able to answer this question. I suggest that you ask your in-laws bankruptcy lawyer. Good luck with getting that unwanted vehicle out of your yard!

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