QUESTION

can a title loan company repossess your car if they gave you the car title back?

Asked on Dec 24th, 2013 on Debtor and Creditor - Nevada
More details to this question:
My mom's car got repossessed from a car title loan company. My mom paid the amount due and the company gave the car title back to her since they ask to hold it until she pays the loan amount back. Now they are saying that they made a mistake and she still owes money to them. About $2000.
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1 ANSWER

R. Christopher Reade
Chapter 604A governs title loans.  More specifically, NRS 604A.455 governs repossession of vehicles by title loan companies and states that a licensee's sole remedy for default on a title loan is in the collateral, namely "the sole remedy of the licensee who made the title loan is to seek repossession and sale of the vehicle which the customer used to secure the title loan. The licensee may not pursue the customer personally for: (a) Payment of the loan, unless the licensee proves the customer prevented the repossession and sale of the vehicle by any means, including, without limitation, hiding the vehicle; or (b) Any deficiency after repossession and sale of the vehicle which the customer used to secure the title loan, unless the licensee proves the customer damaged or otherwise committed or permitted waste on the vehicle."  If your mother paid the loan balance in full, she is relieved of liability and was entitled to get her title back. NRS 604A.465.  
Answered on Dec 27th, 2013 at 5:14 PM

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