What is the name of your state (only U.S. law)? GA
I have a concern about whether or not this repossession is legal and if the finance company is entitled to deficiency. Here are the facts:
Car purchased out of state. Lienholder never recorded the lien in GA nor did they record title in GA (I got a letter from county tax office stating registration wouldn't be renewed because of this)
Car repossessed but I never received 10 day notice of plan to sell the car.
a year or so later, i received letter from collection attorney. i requested DV. they called me twice after receiving my DV request saying they sent it and asking me if i wanted to make arrangements to avoid litigation. i told them I didn't receive it. they sent it to the incorrect address. i finally receive it and attached is:
The contract: ga law states out of state contracts need be notarized and it isn't
notice of intent to sell: sent within 10 days but to incorrect address (i updated my address with them and confirmed it again when they called me back to pick up the car)
the letter states it will be sold by private sale on or after and the date.
Proof of sale: it was old at a public auction.
Is the repossession legal and are they entitled to deficiency if:
They ignored request for title from georgia
Sent intent to sell letter to incorrect address despite my giving them the correct address twice and the car being picked up from the correct address
Stated in the letter that they would be selling at a private sale but sold it at public auction (ga code states that if it is to be sold at a public sale then this letter must state the date, time, and, place of sale)
Never recorded the lien in this state as required despite knowing the car was here when it was delivered after purchase
I read that in order to repossess repossession affidavit needs to be filed but how is it valid if they used the out of state title despite the georgia registration?
I have an email thread from them when I was attempting to register the car because I never received copy of title nor sales contract. Georgia needed the title I kept going back forth with them to get what I needed and they kept giving me the wrong documentation. I was finally able to get the tag office of register my car but once again, they never recorded title here. I have email documentation from them prior to receiving communication from the collection attorney where they denied having georgia title.
not sure if any other information here is needed.
I have a concern about whether or not this repossession is legal and if the finance company is entitled to deficiency. Here are the facts:
Car purchased out of state. Lienholder never recorded the lien in GA nor did they record title in GA (I got a letter from county tax office stating registration wouldn't be renewed because of this)
Car repossessed but I never received 10 day notice of plan to sell the car.
a year or so later, i received letter from collection attorney. i requested DV. they called me twice after receiving my DV request saying they sent it and asking me if i wanted to make arrangements to avoid litigation. i told them I didn't receive it. they sent it to the incorrect address. i finally receive it and attached is:
The contract: ga law states out of state contracts need be notarized and it isn't
notice of intent to sell: sent within 10 days but to incorrect address (i updated my address with them and confirmed it again when they called me back to pick up the car)
the letter states it will be sold by private sale on or after and the date.
Proof of sale: it was old at a public auction.
Is the repossession legal and are they entitled to deficiency if:
They ignored request for title from georgia
Sent intent to sell letter to incorrect address despite my giving them the correct address twice and the car being picked up from the correct address
Stated in the letter that they would be selling at a private sale but sold it at public auction (ga code states that if it is to be sold at a public sale then this letter must state the date, time, and, place of sale)
Never recorded the lien in this state as required despite knowing the car was here when it was delivered after purchase
I read that in order to repossess repossession affidavit needs to be filed but how is it valid if they used the out of state title despite the georgia registration?
I have an email thread from them when I was attempting to register the car because I never received copy of title nor sales contract. Georgia needed the title I kept going back forth with them to get what I needed and they kept giving me the wrong documentation. I was finally able to get the tag office of register my car but once again, they never recorded title here. I have email documentation from them prior to receiving communication from the collection attorney where they denied having georgia title.
not sure if any other information here is needed.
