Legal Question in Banking Law in North Carolina

A bank has contacted my BROTHER's in-laws about a truck loan I have with them. I don't even know how they could even know about them. Is this legal?


Asked on 7/25/11, 11:02 am

1 Answer from Attorneys

I am afraid so. Obviously, you are behind on your payments. When you are eben one day late, they can start calling. And if they do not get ahold of you, they start calling work, friends, family or anyone else.

So yes it is legal. The only way to make them stop is by sending a written letter (telling them does not work). Send it via certified mail to their correspondence address and tell them no phone calls to third-parties or to your place of employment.

If they know you have a lawyer, they also have to stop.

If you are not able to pay up, you need to think about what is going to happen with the truck, They can repo it and thy do not have to wait until you are 3 months behind. Personally, I would be less upset about the calls. I know they are embarrassing, but getting sued or having the truck repo'd is far worse.

If you cannot pay, then you need to figure out whether you should file bankruptcy or let the truck go back. Beware - if the truck is repo'd you will be liable for any deficiency. Vehicles are usually sold a auto auction fo a lot less than what they are worth. If you could sell the truck for what is owed, that will be better if you can do that.

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Answered on 7/25/11, 2:18 pm


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