Legal Question in Credit and Debt Law in Nevada

I am a co-signer on an ex-boyfriends car loan in Nevada and the car was repossessed. Now I am getting phone calls from a collection agency to pay the $13000 balance. What are my rights? Should I take him to court for the balance? He also had his truck repossessed at the same time and the collections person I talked to said he is only responible for the truck not the car, is that true?


Asked on 9/16/09, 10:04 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Did the vehicle lender comply with this Nevada law?

NRS 482.516 Sale or lease of repossessed vehicle: Persons liable on security agreement to be given written notice of intent in advance; required manner of provision and contents of notice; rights of persons liable on security agreement.

1. Any provision in any security agreement for the sale or lease of a vehicle to the contrary notwithstanding, at least 10 days� written notice of intent to sell or again lease a repossessed vehicle must be given to all persons liable on the security agreement. The notice must be given in person or sent by mail directed to the address of the persons shown on the security agreement, unless such persons have notified the holder in writing of a different address.

2. The notice:

(a) Must set forth that there is a right to redeem the vehicle and the total amount required as of the date of the notice to redeem;

(b) May inform such persons of their privilege of reinstatement of the security agreement, if the holder extends such a privilege;

(c) Must give notice of the holder�s intent to resell or again lease the vehicle at the expiration of 10 days from the date of giving or mailing the notice;

(d) Must disclose the place at which the vehicle will be returned to the buyer or lessee upon redemption or reinstatement; and

(e) Must designate the name and address of the person to whom payment must be made.

3. During the period provided under the notice, the person or persons liable on the security agreement may pay in full the indebtedness evidenced by the security agreement. Such persons are liable for any deficiency after sale or lease of the repossessed vehicle only if the notice prescribed by this section is given within 60 days after repossession and includes an itemization of the balance and of any costs or fees for delinquency, collection or repossession. In addition, the notice must either set forth the computation or estimate of the amount of any credit for unearned finance charges or cancelled insurance as of the date of the notice or state that such a credit may be available against the amount due.

(Added to NRS by 1967, 1281; A 1987, 2073; 2007, 3220)

If the lender cannot prove its compliance with the notice provisions of the law, you may have a defense to a lawsuit on the claimed deficiency liability. Your attorney can explain further.

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Answered on 9/21/09, 10:20 pm


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