Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-09-2008, 03:22 PM
Junior Member
 
Join Date: Nov 2008
Posts: 14

Car Loan


What is the name of your state (only U.S. law)? Florida

Hi,

I currently have a car loan with Drivetime (who is claiming they are
not a bank, for which they cannot refinance or modify my loan), I'm
paying an interest rate of 24.8%. Now after some research I found
that:

FLORIDA, the legal rate of interest is 12%; the general usury limit
is 18%. On loans above $ 500,000 the maximum rate is 25%.

What should be my next step in order to voluntary repossess my car and
void the contract without too much legal hassle (spending money on
hiring attorneys, …), what would you suggest?

Thanks
  #2  
Old 12-09-2008, 03:44 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,746
Quote:
Originally Posted by GasBrommer View Post
What is the name of your state (only U.S. law)? Florida

Hi,

I currently have a car loan with Drivetime (who is claiming they are
not a bank, for which they cannot refinance or modify my loan), I'm
paying an interest rate of 24.8%. Now after some research I found
that:

FLORIDA, the legal rate of interest is 12%; the general usury limit
is 18%. On loans above $ 500,000 the maximum rate is 25%.

What should be my next step in order to voluntary repossess my car and
void the contract without too much legal hassle (spending money on
hiring attorneys, …), what would you suggest?

Thanks
Even IF the amount turns out to be usurious, voiding of the contract is not an available remedy.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #3  
Old 12-09-2008, 03:48 PM
Senior Member
 
Join Date: Jul 2005
Location: Missouri
Posts: 3,808
You and your wife need to start living within your means. You are paying 24.5 percent on your car loan and your wife is paying 30 percent on hers. You obviously couldn't afford the vehicles you bought. And you made poor choices with the financing.

For what you want to do, you are going to need a lawyer. And it is probably going to cost more than paying off your car(s). Also the repossession is going to affect your credit.

You might want to give your handling of this matter a bit more thought.

DC
__________________
Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope.

Quote:
OP needs counseling...not a court house. --Zigner
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:14 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.