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reposesed car

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Rossie83

Member
What is the name of your state?az
If I allow my car to be repossesed by the bank because I cannot make payments on it and the bank sells it at an auction do I have to pay in time the balance or do I have to pay it in full.
No. You do not legally have to pay the remainder on your loan at your discretion. But technically you legally owe it. But they will do something at some point and force you to pay. IF you have a job or land they will sue you and take money from your paycheck or attach a lien to your property. If you are judgement proof then they can't get any money out of you until you work or own something. If you are letting necessary items like cars go, that's a lot more serious than a zombie credit card or something silly. Maybe you need to think about bankruptcy if you are in financial dire straights. If you are poor enough, you won't have to pay ANY debts. And you cannot be MADE to pay any debt that is included in your bankruptcy. But any debt you accrue AFTER a bankruptcy is not protected. So if you want to get out of ever paying that debt, a chapter 7 is the ONLY way to ensure you NEVER pay it. But, if you are really that bad, you need to get to a bankruptcy attorney asap and get papers filed so a stay can be put on court record so no collectors can get you for ANY money while your bankruptcy is in process.

You may or may not owe that much more. You can usually work out payment plans or just gather the amount and walk in and pay at once. I let a car go one time because I was not interested in selling it. I owed about idk a couple hundred more than what was left on the note, but the 200 and the hit to my credit was worth trying to find a buyer for the POS. But I walked into the bank and paid them in full and walked out as it was my own bank who financed it. So, it depends on what the lender is willing to work out. You can always try to work out a deal until they sue you. But no you do not HAVE to pay right now and you won't go to jail if you don't pay. There's no jail for people who owe debts except if they commit a crime and end up owing a debt. Not being able to pay for your car is not a crime.
 
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FlyingRon

Senior Member
Actually "legally" you do have to pay the money. It's just that the recourse from the lender requires them to sue you over it to get what they are entitled to.

Your statements about bankruptcy have a lot of deficiencies in it as well. Bankruptcy eliminates most of the obligation to pay coming out of bankruptcy, but the trustee is going to do his best to recover funds from the creditor from what you have left. Omitting debts from bankruptcy filings is not permitted. Not only are you liable for those debts, but depending on the intent, it can invalidate your whole filing.
 

adjusterjack

Senior Member
(Provided of course that it is sold in a commercially reasonable manner - meaning somewhere near fair market value.)
"Commercially reasonable manner" will be at auction where wholesalers will be bidding on cars to significantly less than fair market value.
 

quincy

Senior Member
OK. I'm confused. Was there a thread from 2009 resurrected this morning with the same title, or have I simply lost it?
Several threads were resurrected this morning (at least one by “Rossie”) ... but it is also possible that you have simply lost it. Haha. :)
 

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