BEING SUED b/c I DIDN'T TURNOVER VEHICLE YET!

[Dollar Bill]

As the topic states, I was served tonight right before the tip off of the Laker game.

The process server didn't have me sign anything, just asked if I were who I am and gave me the paperwork.

I need to give my car back to chase and have been waiting to get a new car.

I'm gonna go ahead and buy one tomorrow, but was wondering what could happen in this potential lawsuit.

According to the paperwork, they want the judge to order me to return the vehicle, and recover any add'l fees that they have incurred. ie. atty fee, repo fee or whatever.

*****Has anyone been in this situation?

*****I will give the car back on Friday, or call to tell them to pick it up, but wanted to know if anyone knows whether chase will drop their suit after receiving the car back?

I just dont want any unecesaary fees. Yeah I know I should have simply given the car back the first time they called for it. The funny thing is I always told them the truth. The repo company, the different reps I spoke to. I would say that I am waitting on purchasing another one...or waitting for a check to clear etc etc. Which was always the truth. And just as soon as I could purchase another car I would, and would return theirs. Now I am stuck with buying one asap no matter what.

Any advice on the above questions?

[tkharvey]

Just curious, how many payments were you behind?

[Dollar Bill]

10 payments...I challenged the motion for relief from stay....it took them a while.

[JRScott]

When was the relief of stay granted or your bk discharged?

[Dollar Bill]

I just rec'vd my discharge yesterday after 195 days after 341. Relief granted a month ago. I was told today that they would stop the lawsuit immediately once I turned in the car.

I told him I wanted something in writing when the repo comapny picked up the vehicle, basically stating that we met and I surrendered the car. Supposedly they cant give me anything.

[TEW]

I just rec'vd my discharge yesterday after 195 days after 341. Relief granted a month ago. I was told today that they would stop the lawsuit immediately once I turned in the car.

I told him I wanted something in writing when the repo comapny picked up the vehicle, basically stating that we met and I surrendered the car. Supposedly they cant give me anything.

First of all they don't have to give you anything. It's no longer your car.
second you can be held in contempt of the court for not turning the car over.
Just turn it over and stop playing games

[IBroke]

First of all they don't have to give you anything.

I think he requested some kind of "receipt" from the repo-guy that he picked up the car - and THAT is very common. I went through 2 repos and I always received a verification that they took the car. Otherwise, how can you proof that you turned the car in?

[Seeker40]

On what grounds did you win their relief from stay motion?

[Dollar Bill]

TEW,

I understand it is their vehicle, and quite possibly they never give anyone anything. I filed BK for protection, I need to protect myself in having something in hand that says I turned the vehicle over. I cannot hand it over with no receipt! I need something. Repo folks should give me a copy of a condition report or something stating that on so so and date I took possession etc etc etc.

[Dollar Bill]

Seeker40,

I kept answering the motion, blasting misc claims ...some true most false. I hear my particular judge looks over everything very careful and rarely grants relief from stay.

I believe folks hardly ever respond with a proper answer.

[jessegirl]

When I handed back my vehicle I simply wrote a letter stating that I was returning the vehicle and was within my right as no reaffirmation notice was signed. I also wrote down the VIN number and signed it and dated it. I left the keys and letter in an envelope and dropped it in the overnight box at the service dept of the dealer. The next day I called the place that the loan was thru and told them that I dropped off the vehcile and where it was and that was that.....


If you keep fighting them you will only cause yourself more trouble. Just write up your own letter and see if the people who pick it up will sign it. If not hand them the letter and take a picture of them taking the car with the date on the camera. That will be your proof that they took your vehcile.