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
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Answered on Jan 27th, 2012 at 3:28 PM