QUESTION

Do I have to sign a loan modification for my car after it has been paid for if the amount is wrong?

Asked on Aug 06th, 2012 on Personal Injury - New York
More details to this question:
Can they take my car? I had a car loan with 3 payments differed to the end of the loan. The loan is now paid for and they want me to sign a modification for an amount 4 times what I owe.
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10 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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No.
Answered on May 24th, 2013 at 2:30 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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No.
Answered on May 24th, 2013 at 2:23 AM

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Ronald A. Steinberg
Don't sign. If you sign, you are agreeing with them. Make them PROVE it.
Answered on Aug 23rd, 2012 at 10:25 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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To answer that, I'd need to review all of the loan documents in person.
Answered on Aug 23rd, 2012 at 10:24 AM

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Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
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You do not provide enough information. This modification was it in bankruptcy? You must look at the contract documents.
Answered on Aug 23rd, 2012 at 10:23 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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Can they do something? Yes. People and companies make errors all the time. If you cannot convince them they are wrong, you need to go to court and/or get an attorney to help you resolve the issue. The loan documents probably have an attorney fee provision, which means the prevailing party gets an award of the reasonable attorney's fees incurred. If you show the contract to an attorney, you might get him or her to take the case on contingency " i.e., they don't get paid unless you win or settle". If there is an attorney fee provision and it is clear that you are in the right, you should not have too much of a problem finding an attorney to handle your case on that basis. The thing you need to be concerned about is the tricky language in those loan contracts that may have hidden fees you were not aware of or the deferred amounts bore interest at exorbitant rates, which is why they are claiming the huge amount is still due. In any event, you need someone with more knowledge than you to look it over and give you the advice you need based on the terms of the contract itself.
Answered on Aug 23rd, 2012 at 10:23 AM

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Call the attorney general consumer division and ask them to investigate.
Answered on Aug 23rd, 2012 at 10:23 AM

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The ORIGINAL contract should prevail. NO I wouldn't sign. Have an attorney REVIEW the contract and their proposal. If they take your car that could be "larceny by conversion." You could sue them for "treble (triple)" damages. They have to PROVE that there was some error on the original contract. If they can show the error you might have to pay. Absent their PROOF . . . it's their hard luck.
Answered on Aug 23rd, 2012 at 10:21 AM

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If the amount is wrong then you cannot be forced to sign new documents. However, the loan company may sue for what it claims it is owed and you must defend.
Answered on Aug 23rd, 2012 at 10:21 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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I wouldn't sign it. Leasing and car finance companies are notorious for their tactics. They wouldn't let you modify the payments down, would they?
Answered on Aug 23rd, 2012 at 10:20 AM

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