If a lienholder never picked up truck and in over 3 years, what are my rights at this point?

UPDATED: Apr 10, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 10, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a lienholder never picked up truck and in over 3 years, what are my rights at this point?

Lienholder has turned over to collections to some attorney and I agreed to make monthly payments cause the truck still in good shape. Big misunderstanding because I thought payments were helping to pay down a negotiated pay off of $7500. But not. Then to get it registered but the DMV wanted copy of title from lienholder and attorney said we weren’t getting copy of anything until the truck was paid of to the tune of $18,000. Why would I agree to pay for something that I could only still look at and not ever drive? What are my rights at this point?

Asked on April 10, 2012 under Bankruptcy Law, Louisiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to deny the debt at this point. If the lienholder never tried to collect on the debt but the collection ageny tried to collect, did you sign somthing indicating you would pay over $18,000.00 for this truck? If you did not sign anything, then arguably there is no enforceable agreement and th statute of limitations has not extended or tolled to allow the collection agent or lienholder to collect on the debt. If the lienholder has not repossessed the vehicle after three years, arguably it is abandoned. You can file with your credit reporting agencies a dispute that you owe the debt and see if the tradeline would be removed. Contact the DMV and see if the title could be registered with an abandoned claim. It may be an uphill battle but you need to make sure you get your ducks in a row legally before you register.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption