What to do regarding a claim for money due following an auto repossession?

I am involved with a special civil part claim against a bank. My car was repossessed under circumstances generating from “contra preferentem”. The vehicle was sold without a notice of sale, which is a violation of state law. They claim a deficiency balance of approximately $13,000, generating from the salel I claim damages of $15,000, the amount they obtained for the car at auction. The lawyers just called asking me to settle by “bringing all claims to zero”. On all counts, contract confusion, debt amount, and violating this statute the bank has contraindicated themselves. What do you think my next move should be?

Asked on September 6, 2012 under General Practice, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that since the lawyer for the lender is contacting you to try and resolve the competing claims with respect to the repossession of your vehicle that you consult with an attorney that practices in the area of consumer law to discuss the matter and go over your legal options so that you do not end up on the short end of the deal.

Make sure that you bring all paperwork that you have as to this claim so the consumer law attorney can evaluate things from a point of liability and damages.

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