Legal Question in Bankruptcy in North Carolina


I am currently in the military I filed for bankruptcy and my case has been discharged for about 6 months now. I said I wanted to keep my vehicle but I never singed the reaffirmation agreement, and now I want to turn my car in. In order to turn my car in to the lien holder they are telling me that I need to waive my service members relief act, an the statements states the following.

I am aware of the rights I have under the Servicemembers Civil Relief Act (the “Act”).

3. I hereby waive all rights I have under the Act including, but not limited to, my right to require that Wells

Fargo obtain a court order before repossessing my vehicle and voluntarily surrender the above-referenced

vehicle to Wells Fargo.

4. I understand that by voluntarily surrendering the Vehicle, I am transferring all of my right, title and interest

in the Vehicle to Wells Fargo and that Wells Fargo is hereby authorized to execute any and all documents

to effect the disposition of the Vehicle.

5. I understand and agree a voluntary surrender does NOT constitute full satisfaction of the Agreement and

that I am still responsible and liable, to the extent permitted by law, for any deficiency remaining after

disposition of the vehicle and any amount due as a result.

could I turn my vehicle in without singing this.

Asked on 5/10/13, 2:18 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

I would not sign the agreement. There is no need to do so. What you can do is take the tags off the car and park it and send them a letter stating that the car is no longer insured or has a tag on it, any damage that occurs is their responsibility as you wipe your hands of it. You can also take it back to where you bought it and turn in the keys. Make sure that if you use the 2nd option you confirm with someone that the car was turned back in and get a receipt evidencing the drop off.

Finally, a more grey area option is to just keep using the car. They don't want to pick it up, there is an argument that you can just keep using it. This is probably not the best option for a number of reasons.

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Answered on 5/11/13, 6:10 pm

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