My car was repossessed. They sent me a letter stating by Georgia law I can ask for a date and time and a public auction. Intern I requested a date and time and a public auction by certified mail. They failed to send me a date and time of a public auction. I received a letter stating my vehicle was sold.
You should have your documents (all letters and envelopes from the lender as well as copies of your letter and the certified mail receipt and green card) reviewed by a consumer protection or debt collection attorney.
If you requested a public sale within the time allowed by statute, then the lender's failure to hold a public sale and/or give you notice of the public sale may provide you with a defense to any deficiency and possibly give rise to a claim for damages.
The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, unsolicited robocalls or text messages, unfair business practices to consumers and the elderly, credit reporting of false or obsolete (old) information, credit report errors due to either identity theft or mixed files, denial of jobs or promotions due to erroneous criminal background searches and the defense of lawsuits involving consumer debts such as credit cards, auto loans, or consumer loans.
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