Legal Question in Consumer Law in Florida

Lawsuit

My wife has a law suit against her for being over six months behind on a vehicle payment.

The car is still in our possession and in our yard.

Upon receiving the suit the car has been parked.

We notified the lawyer's office and advised them we were voluntarily giving up the car.

That was a month ago.

Can we suit for storage of the car since we are responsible for it while it sits in our yard?


Asked on 12/21/07, 2:48 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Lawsuit

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Absolutely not. You must be kidding to think that you can charge the lender for a car that you purchased or leased, have not paid on and have offered to turn back in to them. You are responsible for all payments on the car until it has been repossessed by the lender and sold at auction. At that time, they can also seek any deficiencies from you.

Scott R. Jay, Esq.

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Answered on 12/22/07, 12:32 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Lawsuit

No, you may not. Until it is physically repossed, the car is yours to use as you wish. There is no reason to "park it." Giving up the car does not eliminate your debt. You will still owe what is left on the note, plus attorneys' fees, minus a credit for whatever the car sells for at auction. Contact the plaintiff and try to work something out.

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Answered on 12/21/07, 3:02 pm


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