If I defaulted on a vehicle loan and the debt was charged off to a debt collector, since I have asked the lien company to repo the car, do they have to get it?

I called the lien holder and asked them to come get the car and they said no because it’s not worth anything but I can’t pay. So they won’t give me the title or repo the car and they have just left me with the vehicle and no options.

Asked on May 30, 2012 under Bankruptcy Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The lender on the loan for the vehicle that you have where you have a contractual obligation to pay the loan is under no legal obligation to repossess the security for the loan (the car). Rather the lender can sue you for the obligation under the promissory note if you cannot make the payments on the car.


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