If I have my car financed by a company in another state, what can I do if my account was mishandled and not credited properly?

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If I have my car financed by a company in another state, what can I do if my account was mishandled and not credited properly?

I have sent detailed information (receipts, emails) in writing providing proof that my account was mishandled and not credited properly. I have requested a review of my account and that my account should be closed and my titled should be forwarded to me free of any lien holders. I have not had any success with this, the company has ignored me and continues to report my account to credit bureau’s delinquent. Is there a legal course of action I can take?

Asked on August 6, 2015 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, your legal recourse is to file a lawsuit against them seeking 1) a declaratory judgment, or court determination, that you be credited certain amounts; 2) an court order, or injunction, barring them from reporting you as delinquent and requiring them to correct the mis-reporting; and 3) monetary compensation for any losses or costs this caused you, though be aware it is often very difficult to recover your legal fees--the U.S. legal system presupposes that each party pay's his/her/its own legal costs. (There's no harm in asking for this, though.) If the financing company's conduct was sufficiently eggregious, you may be able to recover punative damages as well. Note that for declaratory judgment or an injunction, you have to sue in regular country or district court--you can't sue in small claims (small claims courts lack the power to give you these things).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, your legal recourse is to file a lawsuit against them seeking 1) a declaratory judgment, or court determination, that you be credited certain amounts; 2) an court order, or injunction, barring them from reporting you as delinquent and requiring them to correct the mis-reporting; and 3) monetary compensation for any losses or costs this caused you, though be aware it is often very difficult to recover your legal fees--the U.S. legal system presupposes that each party pay's his/her/its own legal costs. (There's no harm in asking for this, though.) If the financing company's conduct was sufficiently eggregious, you may be able to recover punative damages as well. Note that for declaratory judgment or an injunction, you have to sue in regular country or district court--you can't sue in small claims (small claims courts lack the power to give you these things).


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