QUESTION

If after a year a bankruptcy has been dissolved and a company doesn''t pick up a vehicle can I make them pay storage?

Asked on Oct 12th, 2011 on Bankruptcy - Tennessee
More details to this question:
The company sold out and they still have a lien on the title although they did not answer any correspondece. They say that they are not picking up any vehicles but do not want to release the title unless we want to pay them so we can have it removed. So I want to know if I can charge them storage for it sitting in my yard.
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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If this debt was discharged within a chapter 7 bankruptcy, you no longer owe any money on the debt, but there is still a lien against the title. This essentially means you don't have to pay the car back, but if the car is still on the road you can drive it. You can send them a certified letter via first class mail (certified) informing the lender that you will be charging a rate of $20 per day for storage of the vehicle until they pick it up. Then let the storage charges reaching amount that covers the remainder of the debt and sue for those damages in court. Once you win that lawsuit that should offset the money owed on title and the lender will most likely sign the title over to you for you to dismiss your judgment for damages. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  
Answered on Jan 27th, 2012 at 3:28 PM

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