I am being sued by a creditor for a loan of a deceased person, I sold the car to the deceased person what are my rights
Virginia
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Posted about 1 year ago in Debt Collection
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Bank suing me for loan of deceased person:
I sold my friend a vehicle, he passes away. I found out the vehicle is still in my name. i went to DMV and they ave me a title with no liens on it, so I sold the vehicle. Now the bank whcic he supposedly got the money from is demanding that I pay the loan that was on the vehicle, do thy have a case
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Answers (6)Lesley Abigail Hoenig
This attorney is licensed in Illinois and 2 other states.
Posted about 1 year ago.
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I am not familiar with Virginia law, but based on the few facts you've given, assuming you never signed for the loan of your deceased friend, I think they would probably not have a case, but I think you need to consult with a local consumer law attorney to look at everything and make sure that you aren't missing something that would somehow make you liable to this bank.
Michael E Hendrickson
This attorney is licensed in Dist. of Columbia.
Posted about 1 year ago.
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The bank's claim for the vehicle should've been referred to the deceased debtor's estate for payment within the required time frames.
However, if ssuch did not happen and somehow title remained in your name and was never properly transferred, the bank may still have a viable claim against you based upon unjust enrichment or related theory, and therefore you would be well advised to follow the advice already offered by attorney Hoenig. mmark69
Posted 10 months ago.
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i would first findout what the statute of limitations are in the state you are in. how long has it been since the friend past and last known activity. DO NOT CONTACT THE BANK OR THE CREDIT BUREAU this will act as last known activity. wait for the paper work from the court. any mail from the bank/credit bureau return to sender. if its has been years chances are they have no case. most of the time these agencies will start contact with ypou when the statute of limitations are near. DO NOT SEND MONEY, DO NOT RESPOND. this will start the issue all over with. everything has to go through the court. these people will send fake court papers call the court to confirm validity of such document. you can reach me at mmark69@gmail.com
mmark69
Posted 10 months ago.
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i would first findout what the statute of limitations are in the state you are in. how long has it been since the friend past and last known activity. DO NOT CONTACT THE BANK OR THE CREDIT BUREAU this will act as last known activity. wait for the paper work from the court. any mail from the bank/credit bureau return to sender. if its has been years chances are they have no case. most of the time these agencies will start contact with ypou when the statute of limitations are near. DO NOT SEND MONEY, DO NOT RESPOND. this will start the issue all over with. everything has to go through the court. these people will send fake court papers call the court to confirm validity of such document. you can reach me at mmark69@gmail.com
Kent Anderson
This attorney is licensed in Oregon.
Posted 9 months ago.
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Probably. If you sold the car to your friend when you still owed money to the bank and your friend promised to make the payments, you will still responsible to the bank for the debt unless they agreed to release you. When your friend stopped making payments for understandable reasons, the loan went into default. If your friend has any assets or money left, you may want to assert a claim against his estate for payment of the loan.
reginald_parker (law student)
Posted 27 days ago.
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IN ANY CASE THEY HAVE TO PROVE THE DEBT IS YOURS. IF THEY ARE MAKING DEMANDING FOR PAY ALWAY DEMAND PROOF THAT YOU ARE LIABLE. FOR FUTHER HELP EMAIL @ REGINALD_PARKER@HOTMAIL.COM
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