I'm being sued for non-payment of a car loan but also for lost value of the car, can they do that?
Question Details:
I'm being sued for non-payment of a car loan which is fine, I owe the guy the money. But he is also trying to sue me for lost value of the car. The car was already a year-old when I starting paying for it. Doesn't the car already have lost value on it before I received it and wouldn't it lose more value the day he drove it off the lot? How can I be sued for that? What can I do about it?
The lost value claim, if it's being added on top of the unpaid loan balance, is ridiculous. It's a double recovery, really, because what the original amount of the loan, along with any downpayment or the agreed value of your trade-in, was agreed to be equal to the full value of the car when you bought it. The seller (or anyone who bought the loan) is entitled to the full balance due, with interest, and with any costs that are permitted by law or the loan agreement. If the car was repossessed, it has to be sold in a commercially reasonable value and whatever it brings gets deducted from the balance you owe; the loss of value is taken into account by that sale (and then some, since the sale is typically at a wholesale auction, the lowest price the car could reasonably bring).

Are you a lawyer?
![]() |