What shouldI do if an autolender is suing for damages to a vehicle that was repossessed but had no damage prior to that?

UPDATED: Sep 20, 2010

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What shouldI do if an autolender is suing for damages to a vehicle that was repossessed but had no damage prior to that?

I am being sued for damages to a vehicle that was perfectly fine whenit was repossessed. 

Asked on September 20, 2010 under Bankruptcy Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The issue is proof--can you prove the shape the vehicle was in at the time of repossession? And similarly, what proof can the lender provide that it was damaged when it was picked  up? If you're being sued, then the burden of proof is on the one suing you, the lender, which means they need to establish the damage; however, as a practical matter, if you have only your own testimony as to the condition of the vehicle and they have photos, repair estimates, and possibly the testimony of several employees all tending or claimed to show that the vehicle was damaged when they took it from you, it may be hard for you to overcome that. If you have little proof, and if either the cost to repair is not too much, or your auto insurance would have covered most of it (contact whoever was insuring you at that time, if you had collision coverage), it may not be worth fighting the case; you might be better off just trying to settle for something you can live with.

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