Can a finance company take me to court if I have title?

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Can a finance company take me to court if I have title?

I got a summons saying I am delinquent and they want the vehicle back. Exhibit a of the summons shows the original title when I already have the title and already registered it with the state. Is this for real? I just got it today so have not done anything yet. Says I have 21 days from summons to take action?

Asked on May 24, 2012 under Bankruptcy Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you owe them money--for example, have you defaulted on (paid late, paid only in part, or not paid at all) any amounts due under a loan or financing agreement? If you owe them money pursuant to a loan or financing agreement or other contract, then yes, they can sue you, regardless of whether you have title already. On the other hand, if you don't owe them money, they have no grounds to sue you and you should be able to get the case dismissed quickly if they do sue you but you can show that you have paid everything you owed them.


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