Charge offs

Hi. I live in New York State and in 1999 i filed bankruptcy and decided to keep my dodge caravan. After my bankruptcy was final, i found that i could not keep up my auto payments to the bank and it was repossessed. They eventually sold my caravan at auction. I owed about 6,000 dollars on the 1992 auto, it had 100,000 + miles on it but was in good shape. I received a call from the bank saying it was sold for $1100 and that i was legally responsible to pay the rest. I beleive that to be so and am willing to make payments at a fair price. I called and asked to be given the bill of sale due to the low selling price. The executive said the auto had high mileage and did not run well. When they repossessed the auto, it did run well and am wondering what happened to it. Therefor i requested verification that it did sell for $1100. They told me that the bill of sale would have the buyers name and could not give that info. Am i within my legal right to ask for this, before i begin payments?

Jo

Jo -

I sure would think you would be within your rights to get some accounting on this so that there is support for what you owe. If it is the bill of sale or other document which includes the buyers name, tell them to blacken it out. If they were to sue you for this deficiency, they would have to provide some accounting.

NY law may have specific code provisions on this as well.

Law on, Kevin

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Kevin O'Keefe
Founder & Fearless Community Leader
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