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lean on car but car not worth amount to remove it.

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strongbus

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

OK a little back story. Bout 20 years ago when I was just a 18 year old adult just getting 1st job and leaning bout life I got a store cc. Did fine for years till started a family and stuff. Then hit a few years of barley getting by and only able to pay the bills need to keep a roof over everyone's head and food on table type of deal. The store got a judgement for the amount on me.

Now I have been making payments via a agreement with lawyer for the store on the judgement for a while working it down. But there is a lean on the car I own. But the car is old and no way its going pass inspection when it runs out at the end of the year. But the amount anyplace around here will give me for it and the min amount that the lawyer want to remove the lean are no where near the same(no place will give me more then 400-500 for the car as its only good for scrapping, while the lawyer wants a min of 1500 to remove the lean).

I need to figure out what to do before the end of the year so I don't have a issue. Here what I mean.

I know I can't sell the car without dealing with the lean. But per the rental agreement I have all tenants cars/trucks must be insured/reg/inspected. If not its in the agreement that the landlord can have it towed. Which I can't afford to have happen.

I would like to know is

A. Is it legal for me to get rid of the car via a way I don't get anything for it? There are a few scrap/junkyards round here that will come get old cars and not charge you for getting rid of them but also don't give you any thing for it as well.

or

b. If I can only sell it or 400-500 for scrap dose the lawyers have to accept the amount I get and give them and remove the lean and put it on something else.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? maine.

OK a little back story. Bout 20 years ago when I was just a 18 year old adult just getting 1st job and leaning bout life I got a store cc. Did fine for years till started a family and stuff. Then hit a few years of barley getting by and only able to pay the bills need to keep a roof over everyone's head and food on table type of deal. The store got a judgement for the amount on me.

Now I have been making payments via a agreement with lawyer for the store on the judgement for a while working it down. But there is a lean on the car I own. But the car is old and no way its going pass inspection when it runs out at the end of the year. But the amount anyplace around here will give me for it and the min amount that the lawyer want to remove the lean are no where near the same(no place will give me more then 400-500 for the car as its only good for scrapping, while the lawyer wants a min of 1500 to remove the lean).

I need to figure out what to do before the end of the year so I don't have a issue. Here what I mean.

I know I can't sell the car without dealing with the lean. But per the rental agreement I have all tenants cars/trucks must be insured/reg/inspected. If not its in the agreement that the landlord can have it towed. Which I can't afford to have happen.

I would like to know is

A. Is it legal for me to get rid of the car via a way I don't get anything for it? There are a few scrap/junkyards round here that will come get old cars and not charge you for getting rid of them but also don't give you any thing for it as well.

or

b. If I can only sell it or 400-500 for scrap dose the lawyers have to accept the amount I get and give them and remove the lean and put it on something else.
Pay the lien...
 

single317dad

Senior Member
b. If I can only sell it or 400-500 for scrap dose the lawyers have to accept the amount I get and give them and remove the lean and put it on something else.
No. No one else will be able to register, plate, or possibly insure the car until the lien is released. It is within the plaintiff's rights to refuse to release the lien until the debt is satisfied. Unless you own other titled property (another car, real estate, some boats and mobile homes), there really isn't anything else they could put an enforceable lien on anyway.

$1500 before the end of the year amounts to $166 a month. I recommend you pick up a little extra work and/or cut out some expenses in order to pay your debt before your inspection expires.

Good luck.
 

strongbus

Member
the lean it self is for the full amount due of over 5000 atm(somehow when the store got the judgment they got the OK to keep charging interest on the amount). The lawyer said there are only 2 ways he will remove it. 1. If I still own the car if I pay off the whole amount. Which at current will still be a year or two. 2 If i sell the car I get at lest 1500. I do plan on getting another car(got no chose I need one to get to work.) maybe I can get the lawyer to move the lean over to the next car or something but don't know. But the issue is I have no place to store the car when I stop driving it.

The frame of the car is to far gone. to fix it up to get it in shape to sell or inspected would cost way more then the car is worth. That is why no place will give me more then 400-500 all its going be good for is to strip out the parts that are still good to sell at a used parts store and junk the rest. After me its going end up in a junkyard. so who ever gets the car next is not going need to deal with reg/plating/insuring it.
 

strongbus

Member
hiya all been a while on this. But its getting close to when the inspection on the van will run out.(1st of OCT its no good). Still making payments on the lien but the lawyer still don't want to sign off for as low as what the van is worth. But once I transfer the plates to a new car under my lease for where I rent I can't have a unreg car in my yard for over 1 month. After that by the terms of the lease the landlord can have it towed. I have had people tell me there is a way I can sign some paperwork and give ownership of the van to the lawyer office and then its their issue. But can't find any info on where I can get the paperwork. Any help on this would be great.
 

adjusterjack

Senior Member
Here's the thing.

No matter what you do with the vehicle you will still owe the money and there will be a variety of extremely unpleasant ways that the creditor can collect on the debt.

If you can find a junk yard to take the car with the lien still on it, go for it.

But you'll still have to pay the debt. Unless, of course, you want to file bankruptcy.
 

Zigner

Senior Member, Non-Attorney
hiya all been a while on this. But its getting close to when the inspection on the van will run out.(1st of OCT its no good). Still making payments on the lien but the lawyer still don't want to sign off for as low as what the van is worth. But once I transfer the plates to a new car under my lease for where I rent I can't have a unreg car in my yard for over 1 month. After that by the terms of the lease the landlord can have it towed. I have had people tell me there is a way I can sign some paperwork and give ownership of the van to the lawyer office and then its their issue. But can't find any info on where I can get the paperwork. Any help on this would be great.
The lawyer would have to accept it...and they won't. Again, find a way to pay the lien. By now,since you have been setting aside money each month to go towards the lien payoff, the amount you still have to come up with should be less.
 

strongbus

Member
The lawyer would have to accept it...and they won't. Again, find a way to pay the lien. By now,since you have been setting aside money each month to go towards the lien payoff, the amount you still have to come up with should be less.

I am paying the Debt. I have a payment agreement with the lawyer. But I have not been setting any money aside for the lien(can't afford to). But the biggest thing right now is the terms of my lease which say I can't have the van unreg at the place. I see it all the time people let their cars/trucks/etc sit without a good plate or no plates and the LL will have it towed the impound. If I had a spot I could store the van for now I would but I don't. So any time after bout Nov 1st the LL can have it towed. If that happens I can't afford the impound lot fees and will have to just let them take ownership of it. Not even buying another car family member who is replacing a 5 year old one is giving me it.


So what happens if the LL has it towed and I can't afford the fee form the impound place and let them take it what happens to the lien?
 

Zigner

Senior Member, Non-Attorney
I am paying the Debt. I have a payment agreement with the lawyer. But I have not been setting any money aside for the lien(can't afford to). But the biggest thing right now is the terms of my lease which say I can't have the van unreg at the place. I see it all the time people let their cars/trucks/etc sit without a good plate or no plates and the LL will have it towed the impound. If I had a spot I could store the van for now I would but I don't. So any time after bout Nov 1st the LL can have it towed. If that happens I can't afford the impound lot fees and will have to just let them take ownership of it. Not even buying another car family member who is replacing a 5 year old one is giving me it.


So what happens if the LL has it towed and I can't afford the fee form the impound place and let them take it what happens to the lien?
You are going to end up with yet another debt because you will be responsible for the full amount of the towing and impound fees. You are really making this situation worse by waiting for other people to deal with your problem.
 

strongbus

Member
You are going to end up with yet another debt because you will be responsible for the full amount of the towing and impound fees. You are really making this situation worse by waiting for other people to deal with your problem.

Was afraid of that. I have not been waiting for other to deal with it though. I have been making payments on the debt for years. and still am. I even send more on the months I can. I tried my best to keep the van in good enough condition to keep it going until the debt was payed off but just to much started to go wrong at once. I just can't keep up with the body going bad and stuff that is starting to go now just is out of my area to fix or afford to have fixed.

I was hopping I could make the lawyer understand the van is not worth anywhere near what the min he take for removing the lien is. But I see form those of you who know more then me I can't force it.

I have one other option but don't even know if its legal to do. I have friends/family who collect scrap metal for a living. They say they have taking cars and stuff and just cut them up into scrap and then just take them to a scrapyard and never been asked for a title. They have told me worse come to worse they will come get the van take it to their place and scrap it them self but don't know if that is even legal and don't want get into any of that.

well thanks for the help anyways
 
That's a small enough amount you should be able to get an unsecured loan, pay off the lien, and get rid of the car. Assuming of course, in the 20 years since you went sideways on the other account, you cleaned up your credit habits.
 

strongbus

Member
That's a small enough amount you should be able to get an unsecured loan, pay off the lien, and get rid of the car. Assuming of course, in the 20 years since you went sideways on the other account, you cleaned up your credit habits.

cleanup yes. but we can't even get a loan atm to replace the van. they say our income to bill ratio is not right and we don't have enough extra money each month lol.
 

jwrightis

Junior Member
What is the name of your state (only U.S. law)? maine.

OK a little back story. Bout 20 years ago when I was just a 18 year old adult just getting 1st job and leaning bout life I got a store cc. Did fine for years till started a family and stuff. Then hit a few years of barley getting by and only able to pay the bills need to keep a roof over everyone's head and food on table type of deal. The store got a judgement for the amount on me.

Now I have been making payments via a agreement with lawyer for the store on the judgement for a while working it down. But there is a lean on the car I own. But the car is old and no way its going pass inspection when it runs out at the end of the year. But the amount anyplace around here will give me for it and the min amount that the lawyer want to remove the lean are no where near the same(no place will give me more then 400-500 for the car as its only good for scrapping, while the lawyer wants a min of 1500 to remove the lean).

I need to figure out what to do before the end of the year so I don't have a issue. Here what I mean.

I know I can't sell the car without dealing with the lean. But per the rental agreement I have all tenants cars/trucks must be insured/reg/inspected. If not its in the agreement that the landlord can have it towed. Which I can't afford to have happen.

I would like to know is

A. Is it legal for me to get rid of the car via a way I don't get anything for it? There are a few scrap/junkyards round here that will come get old cars and not charge you for getting rid of them but also don't give you any thing for it as well.

or

b. If I can only sell it or 400-500 for scrap dose the lawyers have to accept the amount I get and give them and remove the lean and put it on something else.
If you don't own a house or have a loan on a house, and you don't make much, I'd just let it sit there. I'd let them have to come after me in other ways if they wanted to. You can't squeeze blood from a turnip. It's only 1500 but that's a lot if you don't have it. If you are judgement proof except for the POS car you own, then why even waste your time and money paying it? If they garnish your check, they can't garnish much unless you make decent money.
 

single317dad

Senior Member
I have had people tell me there is a way I can sign some paperwork and give ownership of the van to the lawyer office and then its their issue. But can't find any info on where I can get the paperwork.
What they're talking about is surrender of the vehicle with auction proceeds to be credited toward the balance owed. The van will be sold at auto auction. Well-used vehicles commonly sell for slightly under scrap price at these auctions. The fees taken out before your proceeds are credited will, in the end, make the amount recovered from the van next to nothing. The whole thing might end with you not having a vehicle and $100 or less credited toward your debt. When you get another car, they'll place a lien on that.
 

strongbus

Member
If you don't own a house or have a loan on a house, and you don't make much, I'd just let it sit there. I'd let them have to come after me in other ways if they wanted to. You can't squeeze blood from a turnip. It's only 1500 but that's a lot if you don't have it. If you are judgement proof except for the POS car you own, then why even waste your time and money paying it? If they garnish your check, they can't garnish much unless you make decent money.

what is funny is the lawyer had wanted to take me to court to get a court order for garnishment form my paycheck and sent paperwork for me to fill out bout how much me and wife bring in(i works wife and stepson are both disabled and get ssdi and ssi) and what our household bills are and called back and said there was no reason to take me to court as no judge would order a wage garnishment(something but our income was to low or such)
 

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