Can you be sued over a repossessed car?
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Can you be sued over a repossessed car?
My parents are being sued for a used car that was financed to them because of financial misfortune they was not able to make payments on the car. Therefore it was repossessed. The car company sold that car to someone else and now wants my parent to pay the previously owed balance. If the car company already took the vehicle why are they suing my parents?
Asked on July 23, 2011 New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Let me give you a brief background about car loans and lenders. When someone purchases a car and finances it by taking out a loan, until they make the last payment to the creditor (that is the the bank or finance company which lends the money), the creditor gets several important rights. One of which is the right to repossession. If a borrower "defaults" (that is they fail to make their loan payments), NY state law allows the lender to retake possession. The lender doesn't even have doesn't to go to court first. However a lender may not "breach the peace" when it is repossessing a vehicle. That means the lender must proceed with the repossession in a reasonable manner and not create a public disturbance.
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