my husbands truck was repoed then sold in an auction now they say we are responsible for the remaining balance.  i am trying to see if this is right or if there is a way around it legally
134820
Depends on the state laws.\n\nHere in Georgia where I do collections, the only way around it is if they didn't properly notify him when it was repoed and after it was sold. It also has to be sold in a commercially reasonable manner but the auction constitutes a public sale so that doesn't provide an "out".\n\nHe can either file bankruptcy (it will be on his credit for 10 years), work out payment arrangements with the creditor, or do nothing and probably be sued and have his wages garnished or worse.  \n\nIt may also be possible to "settle" the debt with the creditor for less than he owes but if they are willing to settle make sure he gets everything in writing so they don't come back later trying to get more.
276461
Not nearly enough facts. If your vehicle was executed against to satisfy a personal judgment against the other party, you could have filed to intervene in your friend's action and quash the execution on grounds that your property interests were being damaged. You could also have offerred to pay the reasonable value for your friend's interest in the vehicle in return for his/her relinquishing title. Then your payment could have been used to satisfy his/her debt to the creditor, and you would have clear sole title to the vehicle. \n\nGenerally, a creditor who executes against a vehicle held in joint title must post a bond in case the execution turns out to damage someone else's interests. So, you should still be able to sue the creditor and recover either directly or against the bond.\n\nYou'll need an attorney for this one. It's way too complicated for a layperson.
121304
If you have a key, go and get it, or hire a repo company to go and get it. store it somewhere, make him sign it over to you or pay you half plus storage fees.\n\nGive the Repo company a copy of the title and a copy of your drivers license, and a signed letter that they are recovering your property.
173219
You still owe them the funds, irrespective of it being their mistake. They cannot penilize you for it i.e: charge intertest that you would not have paid, or make additional money on the deal. However as they have inconvienced you, they should allow you to settle the debt in a manner that you have been doing without additional fees.\n\nYou may be entitled to compensation for damages if for example you had already budgetted for another item. In that case a lawyer would be the person to handle that.
227187
Unfortunately, he can file bankruptcy, which just makes it harder for you to collect. You did mention for "us" to qualify  for a loan on our new house... I'm assuming this means you both own this house together (BOTH of your names are on the title)? If this is the case, you can go to court, and sue him for your half of the equity in the house (and the original downpayment plus attorney's fees) - this may require him to sell the house (which he can't legally do without your signature if your name is also on the title also). While the money you used to pay off your ex's vehicle and travel trailer might be gone (but not necessarily), at least you might be able to recover your loss suffered in the mortgage loan. Good luck!
216904
This is what is referred to as an embezzled vehicle. It is a similar charge to vehicle theft. However, the DA's office can pursue theft charges depending on the circumstances.
276364
There are three aspects:\n\n1. Asking for paying difference: Bank get the agreement in such a way that if they sell property and the same is not sufficient they can sue for remaining amount and get that from other personal property of the loanee. So the bank can definitely ask your husband for difference.\n\n2. Going after you: They cannot as you were not party to the loan.\n\n3. Bank disposing off the property at lower rate - If bank have advertise the auction properly and have sold that house in the auction then I am afraid you may not be able to do anything. However if you can prove that bank has not taken proper care to sell like they would have done for their own property then you can definitely sue the bank.
140625
The insurance co. should get the $$$ back from the owner if they gave the owner a check for the loss of the ATV.  If the restitution was court ordered you may be stuck.  Depending on the state you could pay the restitution then file a civil claim against the ATV owner.
84469
You should contact whoever has your loan and work it out. Maybe they'll let you pay it in installments so you can catch up.  Don't ignore it or it may go into collection and your car might get repossesed.
474284
Credible towing companies do a vehicle inventory before towing the car. When you picked up the car, it should have been on or included with the invoice. If the condition of the car doesnt match the inventory sheet, you stand a good chance of being able to take them to court. You would have had to sign off on the invoice agreeing with their inventory sheet. If you didnt inspect the car before signing off on the invoice, then you probably wont have any legal recourse.
373352
Katie's answer is correct regarding your liability if you are named on the lien.  If there is a link between the names listed on the deed to your property and the lien filed by the IRS you will have to petition the IRS to discharge the property from the lien.\n\nThis is a complicated process and I advise you to seek professional help.  Basically you will submit an appraisal showing the fair market value of the property along with a detailed form that lists all liens encumbering the property along with your reason for seeking the discharge.  If there is equity in the property than the IRS will want your husband's half interest in that money.
422570
No your contract / agreement is with the original compnay - they have the agreement with the collection agency - if you have paid in full then tell them to go away...if you feel so inclined then you can show them proof but you are not obliged to - refer them back to the original company.
323120
After any type of repossession the bank can still come after you for payoff. They will take your trailer, sell it for whatever they can get for it. You and your husband will still be responsible for the difference. So, if you owe $10,000 (nice easy numbers), they are able to sell for $5,000.. you would still be responsible for the remaining $5,000.  They can then garnish wages. Then you will have a repo and a judgement on your credit. \nMy advice is talk to a lawyer and talk to the bank and see if there is anything you can do. \nIt may be worth moving the trailer to a different park and then renting. \nGood Luck!
57402
When a car is repossessed it is usually be sold at public auction (unless both parties agree to other) to pay off the loan and costs of the repossession, any monies left over must be returned to the credit debtor(you).
454174
What rd211 said. \nThe work on the car was not authorised by the owner, so she technically owns nothing to anybody... She can of course approve post facto, and decide to pay the bill, but unless she does, nothing compels her, and it's a matter between the mechanic and the ex. Also, since the car belongs to somebody who is not involved in the deal, the mechanic has no right to hold it as collateral for payment of the repairs. \n\nNo bill was tendered, and the object has been removed to premises others than the machine shop or the mechanic's customer parking space... technically, it can be regarded as a presumption of grand theft auto.\n\nA mechanic's lien is definitely a real estate intrument not normally applied to movable property... so odds are the claims ar bulls*it. Especially since taking such a lien is an involved process and I don't suppose its steps, such as serving the preliminary notice were followed.\n\nBut really, get a lawyer and the police on the case and get medieval on the machanic's and the ex's sorry asses, because it really looks like they committed conspiracy to steal that car.
212547
Sorry dear, but whether they encouraged you or not, it was you who signed those papers and there is nothing you can do.  You have free will and no one forced your hand.  Yes, they may have been misleading and that is morally wrong, but from a legal standpoint, they did nothing wrong. When you signed the documents you should have been fully informed (by reading the entire documents thouroughly) and if you did not do so, you cannot blame the car dealership.  It sucks that you are stuck with this high interest rate, but you locked yourself into that one.  There is no legal action you can take since they did nothing to force your hand to sign those documents, you did that, not the dealership.  Just because you make a mistake doesnt mean you can blame the company for it.  It looks like you may just have to deal with it or sell the car and buy something cheap (with the cash).  It isn't wise to finance a vehicle when you  are having money problems, anyway.  A vehicle is not a good investment because the value only decreases, it never increases.  Looks like you got yourself in a mess that only you can get yourself out of, not the law.
666400
If you go to the credit reporting agencies (Experian, TransUnion etc), there is a section Dispute this Transaction. You will be asked to explain why you are disputing this transaction.\n\nMy husband disputed some of his questionable transactions and they were taken off two months later.