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How do i get the lien holder to release my car title after they were paid in chapter 13?

Villa Rica, GA |

My chapter 13 was discharged 80 days ago. I called three times (about 3 weeks apart) Each time i call, they say that i should receive it in 3 to 5 business days.

Attorney Answers 5

Posted

You make a written demand. Phone calls don't count. Send it by certified mail return receipt requested. Attach a copy of the below statute:

" § 40-3-56. Satisfaction of security interests and liens - (a) (1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days, execute a release in the form the commissioner prescribes and mail or deliver the release to the commissioner and the owner..."

If that fails, see your bankruptcy lawyer.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

I would ask my bankruptcy lawyer to contact the trustee for this discharged case to confirm whether the lien was in fact paid in full under the Chapter 13 plan, and if it was, to get a copy of the payment documentation from the trustee. Then, send (certified mail/return receipt requested) a copy of the documentation to the lien holder with a letter demanding the title be released to you at once as per state law. (Your attorney may be willing to write this letter for you.)

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Posted

Most Chapter 13 Trustees have a system that allows you to print out your payment history and their disbursal records. If you get these records, highlight the payments and send them to the lender with a demand for your title to be returned to you.

If the lender is a local bank or credit union, you may be able to follow up with a complaint to the state agency that regulates financial institutions. Call the state government phone number & the friendly state operators will connect you to the correct department for more information.

Hope this perspective helps!

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Posted

See the answer Mr. Ashman has given. If they don't send it to you after the letter, you would have the right to seek damages from them.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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Posted

I would think and specific order from the bankruptcy lawyer and the threat of contempt woujld get the bar or the car rolling

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