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-   -   Reposession laws confusing (https://www.askmehelpdesk.com/showthread.php?t=310247)

  • Jan 29, 2009, 09:39 AM
    Tricia B
    Reposession laws confusing
    My husband purchased a car in one state, then registered in another state, but lives in a different state. He needs them to pick up his car (not working), which law should he be concerened about for which state?
  • Jan 29, 2009, 10:09 AM
    George_1950

    Welcome to AMHD. The lender will repossess the car; is it aware of the location? Repossession is still legal in all states, as far as I am aware. Of course, we are in the Era of Bush/Obama and bailouts.
  • Jan 29, 2009, 10:12 AM
    ScottGem

    Pick up the car why? Why would ANYONE want a repossession? If there is something wrong with the car, there may be lemon laws involved.

    I'd like to know more about what's happening here to advise on a solution.
  • Jan 29, 2009, 10:19 AM
    Tricia B

    He has not worked in a few months and the notes are too high to afford. He is already 4months behind, and wanted to voluntarily give it back. Nothing is wrong with the car just can't afford it. Some states want to do garnishments so we just want to know which states should he research about this. The one he purchased from or the one its registered in or the one in which he resides?
  • Jan 29, 2009, 10:23 AM
    George_1950

    Please review the financing agreement, which should have a clause on repossession, acceleration, sale, and deficiency of sale proceeds to payoff the note. He can return the car to the lender and save some fees.
  • Jan 29, 2009, 10:29 AM
    ScottGem

    Does he understand that just giving back the car doesn't end it? What will most likely happen is the car will be auctioned off for much less than the balance on the loan. Then they will come after him for the balance. In the process, he will mess up his credit for years to come.
    Any suit against him will be in the state he resides.
  • Jan 29, 2009, 10:31 AM
    Tricia B

    Yes thank you he does undersand that, however he has no choice. He hasn't worked in a couple of months things are really tight so the car is the furthest thing from his mind right now. Thank you very much for the info. I appreciate it.
  • Jan 29, 2009, 01:09 PM
    ScottGem

    Why doesn't he try to sell the car or get someone to assume the payments? Much better then giving it back
  • Jan 29, 2009, 01:27 PM
    Fr_Chuck

    The trouble is, the state he lives in, where he resides and where he is paid for his work, is where the law on his garnishmenment is.

    Where the car is, and where the car is titled has no bearing on this what so ever.

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