Legal Question in Bankruptcy in Missouri

My husband and I filed brankruptcy and it was dicharged last Oct. My sitaution and question is this. We filed on a titleloan on a car, we were told they were going to come and get the car, so we went and got another one. The problem is the "old" car is still sitting in my yard a year later and now Im getting letters from our code enforcement officer.. Since its been over a year, is this car abondoned property and can I file for MY title back to it? I would love to have it back and a second car again.


Asked on 10/13/12, 6:25 am

3 Answers from Attorneys
Anthony Smith LawSmith

You can try. The lender is probably still listed on the title. But, you can claim that it has been abandoned, and perjhaps get a clear title by default (if they fail to respond) Or, the action may be enough to get the lender to finally come get it.

Good luck

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Answered on 10/13/12, 6:39 am
Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

If getting a clear title as suggested by Mr. Smith doesn't work, you might want to send a letter certified mail return receipt requested (keep a copy, always) that if they don't get the car by a date X, you will consider the car abandoned and sell the car for scrap. Junk dealers don't care if the car has a title or not.

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Answered on 10/13/12, 6:50 am
Charles Andersen Charles Andersen, Atty

Legal Answers You still have the same right to drive and use the car as you did before. You can also let a friend or relative drive or use the car as a freebie so long as you let the bank know where it is they do eventually want it.

Or you can drive it down to a local office of the bank and leave it parked in their lot and turn the keys over to a teller.

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Answered on 10/13/12, 11:11 am


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