I live in the state of Texas. I purchased a vehicle. When I signed the paperwork I was told by the dealership that they would mail me out a copy of my paperwork as soon as the maganger signed off on it. I went to the dealership once a week on pay day to ask for my copy of the paperwork and always got excuses as to why I could not have it. On top of it the vehicle had mechanical problems that I could not get the dealership to correctly fix and I took it up there in more than five visits. To me as a consumer I did not feel like I should have to pay for something I had no paperwork on and could not get them to correctly fix. I started getting calls from the lending institution and they too refused to send me a copy of my contract, more than once. I made an attempt to get my credit union to refinance the vehicle, however when they called to get the information from the lending institution they refused to give my bank any information. They have since repossessed the vehicle and auctioned the vehicle and have tried to come after me for the left over balance they did not receive at auction. Also since that time they have sold the debt to a third party creditor who is now taking me to small claims court and I'm trying to figure out how to handle this on my own since I can not afford an attorney and what procedures I need to take. I have at this point answered to the suit and due in court on the 20th of this month

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Originally Posted by sjh1076

i live in the state of texas. i purchased a vehicle. when i signed the paperwork i was told by the dealership that they would mail me out a copy of my paperwork as soon as the maganger signed off on it. i went to the dealership once a week on pay day to ask for my copy of the paperwork and always got excuses as to why i could not have it. on top of it the vehicle had mechanical problems that i could not get the dealership to correctly fix and i took it up there in more than five visits. to me as a consumer i did not feel like i should have to pay for something i had no paperwork on and could not get them to correctly fix. i started getting calls from the lending institution and they too refused to send me a copy of my contract, more than once. i made an attempt to get my credit union to refinance the vehicle, however when they called to get the information from the lending institution they refused to give my bank any information. they have since repossessed the vehicle and auctioned the vehicle and have tried to come after me for the left over balance they did not receive at auction. also since that time they have sold the debt to a third party creditor who is now taking me to small claims court and im trying to figure out how to handle this on my own since i can not afford an attorney and what procedures i need to take. i have at this point answered to the suit and due in court on the 20th of this month

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In order to prevail (win) you would need legal grounds not to have paid - not a moral/ethical argument concerning the paperwork but legal grounds. The problem is that whether you did or did not have the paperwork, the debt is still yours - you had the car, presumably you drove the car, you didn't pay for the car.

As far as repairs - that is a side issue, unrelated to the initial debt.

I know this isn't advice you had hoped for but I believe it is legally correct. Unhappiness or dissatisfaction with the car and/or dealer is not grounds to default on the loan.

Texas has a Lemon law (Texas Lemon Law)? Did you try getting redress under it? Its probably toolate, but you might get help.

But as Judy said I see no grounds for fighting this. You bought the car, signed the contract and were required to make payments. You defaulted on the loan and now owe the balance. You had recourse before, you have little, if any, now.

I'm not sure there's much you can do in this situation. While you've explained your side of it, a judge is going to see it this way:
You bought a car
You didn't pay for the car
The car got repo'd
The lienholder wants the rest of their money, which they're legally entitled to.

It's a hard lesson learned, but in the future make sure you receive paperwork immediately upon signing it.