If I am disputing the validity of a debt regarding a fraudulent car loan, can the car still be repossessed during a dispute process?

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If I am disputing the validity of a debt regarding a fraudulent car loan, can the car still be repossessed during a dispute process?

Accounting errors and undisclosed parties involved is the reason for the dispute, if payments are behind and they have received a dispute letter can they still legally repossess the car after receiving a dispute letter?

Asked on September 16, 2011 under Bankruptcy Law, Connecticut

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to answer your question, you need to carefully read your loan agreement regarding the automobile in dispute in that its terms and conditions control the obligations owed by you to the lender and vice versa in the absence of conflicitng state law.

From what you have written, there is a possibility under the written loan agreement the lender can repossess the vehicle despite the dispute letter over accounting errors and other issues. If the car is repossessed and it turns out that the repossession was improper, then the lender and the entity repossessing the vehicle will have some problems for wrongful repossession.

From what you have written, I suggest that you consult with an estate attorney to assist you in this dispute.

Good luck.


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