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