Legal Question in Credit and Debt Law in Georgia

what happen if you are not able to pay for a vehicle. and you let the bank have it back.can you be sue if the vehicle value is not enough to pay the loan off.


Asked on 10/26/09, 7:08 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Read your loan documents. They should be read and understood prior to signing. It is not likely the docs will say you get out of the money you borrowed if the vehicle does not sell for the balance (and they almost never do).

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Answered on 10/31/09, 7:14 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The worst move you can do is to turn in a car. There almost always will be a deficiency, and in addition to that your loan agreement will tack on attorneys fees and repo fees. Typically, you still owe most of what you owed, except you have no car, and the consequences generally will include garnishments and the like.

A smart move before turning in the car is to see a bankruptcy lawyer. You may be able to stretch out payments and keep the car in a 13, or at least avoid owinga deficiency in a 7, if you qualify. Call me if you want to consider this option.

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Answered on 10/31/09, 7:18 pm


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