I went to car dealership to get a new car and the car was down payment for $1250.00. My trustee letter says $1000. I explain to them I don’t want to go over and go exact what the letter says but they said even with my credit and my letter I still need to pay $1250 for any vechile. I explain to them I can’t pay the $250 until 2 weeks and verbal agreement. now they have repo my car and charged me $175 for repo fee. Because I didn’t pay it yet. If the dealership don’t go by what the letter says about my incur debt can I take them to court? Even if I signed documents and agree to pay it for the new vehicle cause I didn’t have a car and was desperate for car for work.
No, you can not sue them because they would not abide by the terms of the authorization to incur debt. THEY were not obligated to abide by the terms of the authorization YOU were. They told you what their terms of sale were. You chose to sign the documents to buy a car on terms you knew did not comport with the authorization to incur debt and which required you to pay money you did not have at the time. Verbal agreements are generally worth the paper they're printed on. What's worse is that this debt is for an obligation incurred after you filed bankruptcy so it won't be discharged when you complete your plan. You need to come up with a way to pay to get this cat back.
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Now is the time to consult with your Bankruptcy Attorney to determine whether you have any other options in the Bankruptcy Court. If you don't have an Attorney, now is the time to get one. Hopefully, you will qualify for Chapter 7 relief in which you can convert this present Chapter 13 case to a Chapter 7. If you do, you will be able to include the additional debt you now owe on the car. Take your car purchase documents into a qualified Bankruptcy Attorney and have them review the same to determine what your options are currently. Best of Luck to you.
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