Sac finance Suing me for a vehicle I don’t have Bellefontaine Ohio
I went to sac back in 2013 and I couldn’t keep the vehicle and let it go back because I lost my job and couldn’t pay. Now they have made me going to court twice now wanting me to pay the vehicle off. They are suing me for 10000 dollars and I don’t have the vehicle I had and two weeks after they got it back they sold it in a auction.
2 Updates & Rebuttals
FloridaNative
West Palm Beach,Florida,
United States
Financing
#3Consumer Comment
Tue, March 20, 2018
Please research all about financing. Robert, the first commentor, is right. Just because you had the vehicle repossessed doesn't mean that the loan is wiped out. You owe the balance of the loan plus the repo fees and default interest and whatever other fees and charges specified in your loan contract. As pointed out, the lender has to credit you the sales price of the collateral (vehicle).
Unfortunately, the auction generates very little to apply toward your loan. You owe the rest. Don't let it turn into a judgment because it will make this situation much, much worse as judgments last a long time (10 to 20 years) and accrue additional interest the entire time. Take care of this issue as soon as you can. I am not affliated with the dealership or the lender in any way.
Robert
Irvine,California,
United States
Nice Try..NOT
#3Consumer Comment
Thu, March 15, 2018
Having or not having the car anymore doesn't mean a thing or help you in any way. Your car was repossessed. It does not matter if they took the car back, or you gave it back to them. It does not matter if you couldn't pay them or just didn't want to pay them. It doesn't matter if you just don't want the car any longer. A Repossession is a Repossession..
When a car is repossessed, the lender can legally come after you for the LOAN balance. The lender is legally required to auction the car off and deduct that amount from the loan balance. Since a car at auction generally sells for 1/4 to 1/3 of "value", this almost always still ends up with a balance of the loan. When you add in additional fees, and interest over 5 years $10,000 is actually a conceivable number that could be owed.
The best you can do now, is in court make them justify all of their numbers and hope that they can't. If they can and get a judgement against you, depending on your State's laws they may be able to Garnish your paycheck or attach your bank accounts.
The only other possible saving grace for you may be the Statute of Limitations. Depending on the State, if this Case was filed AFTER the SOL expired you can use that as a defense in court..but you must go to court to use it. With it being 5 years later this may be a possibility. But I would consult an attorney to verify if this could be used.