QUESTION

Is there anything legally my father can do get out of his car payment?

Asked on Dec 14th, 2022 on Debtor and Creditor - Pennsylvania
More details to this question:
My father is 93 and was approved for a car loan that he cannot afford, plus he should not be driving anymore.
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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If your father has the car, he is liable for the debt.  However, he may return the car.  The creditor will then sell it and seek to collect the deficiency, the difference between the sale proceeds and the balance, from your father.  While the creditor may call or write to collect, neither of those actions effect your father at all, other than the obvious hit to his credit.  Credit, of course, is irrelevant at his stage of life. The creditor can sue at any time within 4 years after the last payment made.  If they never sue, your father will suffer no consequences, other than the collection efforts which are at most annoying.  If they sue, he can defend it or try to resolve the deficiency. Finally, he could consider a chapter 7 bankruptcy to eliminate all his debt. I trust this answers your questions, but do not hesitate to call or email on a free initial basis.      Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com 
Answered on Dec 20th, 2022 at 5:00 AM

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