Can a car finance company sue you if the car was repossession?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a car finance company sue you if the car was repossession?
About 9 years ago, I had car repossessed. New Link Destination
day I was told that I’m being sued for that car’s
price, plus interest. Now 57k. They talked about putting a lien on my home, as well as my pay and tax returns. Is this even legal to do when they resold that car?
Asked on October 11, 2016 under Bankruptcy Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It sounds like you have a bad debt collector coming after you. If the car was repossessed nine years ago, then the statute of limitations has probably run and they may be time barred from collecting. Even if they have the right to collect, they cannot put a lien on your homestead. Homesteads are constitutionally protected from consumer liens like the one you describe. Debt collectors are prohibited by state and federal debt law and deceptive trade laws from threatening acts that they are not permitted to threaten. The threat to put a lien on your home is a violation of those laws. You can hire an attorney to assist you..... But you can and should also file a complaint with the Texas Attorney General and FTC.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.