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My Car Was Repossessed But They Never Gave Me My Stuff or License Plate. – Jane

“Dear Steve,

My automobile was repossessed in Massachusetts on 12/20/12, in the wee hours of the morning from the parking lot at my apartment complex. The loan was in default, so that’s not the issue. Once the car was repossessed, I never rec’d a Post-Possession Notice or, in fact, did I have any communication from either the lender or the service they used to affect the repossession; I was never able to find out where the car was to retrieve my personal belongings from the car; the plate was never returned to me as required by Mass. law; and I was never notified of the date of the sale. I just rec’d the deficiency notice for $3525, calculated by the loan balance due less proceeds at sale (sale date 3/1/13) of $5400 (car was a 2004 Volvo CX90).

Is the deficiency enforceable in light of the creditor’s failure to comply with the post-possession notice requirements? If not, I will send them a certified letter in response; if yes, I’ll call them and work something out. Any light you could shed would be most appreciated!

Thank you!
Jane”

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The Answer

My Car Was Repossessed But They Never Gave Me My Stuff or License Plate.   Jane

Dear Jane,

You should really discuss this matter with a consumer advocacy attorney that is licensed in your state. With all the violations maybe they can leverage this to lower or delete your deficiency.

I would certainly contact the Massachusetts Registry of Motor Vehicles and make darn sure your license plat was turned in and cancelled. Otherwise who knows where it is and what you could be responsible for.

To find a consumer attorney in your area, visit NACA.net.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

My Car Was Repossessed But They Never Gave Me My Stuff or License Plate.   Jane
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Mary

    My car was repossessed in 1978. I got an attorney at the time and he advised me to do 2 things. (1) go back to the dealership and collect mine and my daughter’s belongings that were in the car and (2) let him sue them. We did and we are responsible for the Lemon Law here in Massachusetts. It was a new car that they just couldn’t seem to fix.

    I think Jane needs to go and collect her property from the car before they consider it abandoned. Collect the property and make them sign for what was returned to her.

    • http://GetOutOfDebt.org Steve Rhode

      Good advice.

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