If a lienholder never picked up truck and in over 3 years, what are my rights at this point?
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If a lienholder never picked up truck and in over 3 years, what are my rights at this point?
Lienholder has turned over to collections to some attorney and I agreed to make monthly payments cause the truck still in good shape. Big misunderstanding because I thought payments were helping to pay down a negotiated pay off of $7500. But not. Then to get it registered but the DMV wanted copy of title from lienholder and attorney said we weren’t getting copy of anything until the truck was paid of to the tune of $18,000. Why would I agree to pay for something that I could only still look at and not ever drive? What are my rights at this point?
Asked on April 10, 2012 under Bankruptcy Law, Louisiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to deny the debt at this point. If the lienholder never tried to collect on the debt but the collection ageny tried to collect, did you sign somthing indicating you would pay over $18,000.00 for this truck? If you did not sign anything, then arguably there is no enforceable agreement and th statute of limitations has not extended or tolled to allow the collection agent or lienholder to collect on the debt. If the lienholder has not repossessed the vehicle after three years, arguably it is abandoned. You can file with your credit reporting agencies a dispute that you owe the debt and see if the tradeline would be removed. Contact the DMV and see if the title could be registered with an abandoned claim. It may be an uphill battle but you need to make sure you get your ducks in a row legally before you register.
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