If a finance company has lost all of the paperwork including the title to my camper, amI still bound to pay with no file?
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If a finance company has lost all of the paperwork including the title to my camper, amI still bound to pay with no file?
Asked on December 5, 2011 under Bankruptcy Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Even if the paperwork is lost, the obligation to pay remains--only in the event of promissory notes is physical possession a requirement for the right to receive payment.
That said, if you do not pay and the finance company does not have any of the paperwork, they *might* not be able to sue you and win, since they might not have competent evidence to prove the existence, terms, and amount of the obligation. However, it would be *very* risky to bet on this--since if the paperwork turns up or they can in some other fashion reconstruct or prove it, you will be in default, lose the case, and be liable for repossesion of the camper and/or being sued for the money you owe.
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