Can a car company sue me for a car they don't have and I don't neither? 14 Answers as of June 04, 2014

A loan company sued my husband and I for a car. We tried to return it to them but they would not take it. We left the car at our old house that we moved out of and called them to let them know this. Since then they have sued us. We are trying to file bankruptcy. They don't have the car and we don't neither. We don't even know where the car is. Can we put this on are chapter 7 by filing a statement of intention? Will this be a problem? This has been seen 2009 and we honestly don't know where the car is.

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
But for the bankruptcy saving you, your actions to abandon a car at an abandoned house were foolish. Yes they can sue you for the negligent loss of their collateral. You need to list them on the bankruptcy.
Answer Applies to: Missouri
Replied: 6/4/2014
Baner & Associates | Sandra M Baner
Be sure to include the creditor in your bankruptcy and any personal liability on the debt will be included in the discharge.
Answer Applies to: Wisconsin
Replied: 5/6/2014
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Debt is clearly dischargeable in a Chapter 7. The underlying Promissory Note is what creates the debt. The car lienholder can repo the car and sell it, and sue you for the difference. Or they can ignore the car and just sue you on the Promissory Note. In any case, the Chapter 7 will handle this debt. Good luck!
Answer Applies to: Colorado
Replied: 5/5/2014
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
No, you can put down the loan and that you are not in possession of the car and don't know where it is.
Answer Applies to: Michigan
Replied: 5/5/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Maybe. Even if no one knows where the car is, the bank can still demand payment if it was not fully compensated for the entire amount of the loan. You can contact the police where you used to live to see if the car was impounded from the street. If the car was repossessed by the bank, the police may also have a record of the event. If it wasn't impounded or repossessed, you should report that the car was stolen, in which case it may be covered by your auto insurance policy. The debt can be included in your bankruptcy petition as a secured loan.
Answer Applies to: Texas
Replied: 5/5/2014
    The filing of the Ch 7 bankruptcy will discharge the debt on the vehicle.
    Answer Applies to: Minnesota
    Replied: 5/5/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    This debt can be put on your chapter 7 bankruptcy & if the creditor files an objection to your discharge, it would be up to the court to decide whether you might have to be responsible for this vehicle.
    Answer Applies to: Nevada
    Replied: 5/5/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    Yes, you can definitely wipe out this loan with your bankruptcy case. At this point, it's an unsecured debt.
    Answer Applies to: Pennsylvania
    Replied: 5/5/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They can file a motion for non dischargeability of that debt in the chapter 7 bankruptcy. If they were successful, you would still owe them the money after the bankruptcy.
    Answer Applies to: New York
    Replied: 5/5/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You will list the debt and make sure that you explain the circumstances surrounding the "loss" of the vehicle and it should be dischargeable under chapter 7.
    Answer Applies to: Indiana
    Replied: 5/2/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Just put them on the list of creditors and do not reaffirm the debt.
    Answer Applies to: California
    Replied: 5/2/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Clearly, the loan company wanted money rather than the car. At this point, you can only state your intention to surrender the car and identify where it was last seen. A bankruptcy will stop the lawsuit and the loan company will have no choice but to write it off.
    Answer Applies to: Oregon
    Replied: 5/2/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    File your bankruptcy, list the car as "surrendered" - Statute of limitations in California is 4 years. After 4 years they can't sue you on it anyway. Any attempt to collect that debt now violates the Fair Debt Collection Practices Act. I'm sure it is not the original creditor that is hounding you now.
    Answer Applies to: California
    Replied: 5/2/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    They can sue.
    Answer Applies to: Illinois
    Replied: 5/2/2014
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