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Getting Payments Back for Debt That Was Not Reaffirmed

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  • 11-02-2005, 03:31 PM
    Dawgma
    Getting Payments Back for Debt That Was Not Reaffirmed
    I filed bankruptsy back in 2003. My wife was leaving me and my dad was dying of a brain tumor so I wasn't fully on top of things at the time, needles to say.

    I thought that we where going to reaffirm on my 1999 Pontiac Grand AM but apparently, 2 years later, I'm finding out that we never did. The car is actually a POS and I would rather just let them have the car.

    All of this time, I have been faithfully paying my $260/month payments online even though I've recieved no bill from them stating that I owe it. I always thought it was weird that I didn't get bills but I attributed it to the fact that my address changed when I lost the house and they where just being sent into an abyss.

    So, here I am 2 years later and the loan still has a $4000 balance. The car is falling apart and I called the lawyer to find out what would happen if I just let the car go back, now. That's when the news was broken to me that I never reaffirmed and they could have come and gotten the car from my driveway any time they felt like it.

    He suggested that I just let them have the car and all of the money that I've been paying them for two years. I think that from a legal standpoint, it's not my fault that they didn't come get the car when the judge ordered that they could and papers where signed on both ends stating that I no longer owed National City money.

    Since those papers where signed, I've paid them almost $6,500. Am I entitled to get that money back?
  • 11-02-2005, 04:48 PM
    Mr. Knowitall
    Wanting Money Back After Accidental Payment
    Unfortunately, probably not. The most likely causes of action (e.g., unjust enrichment) would not apply as you maintained full use and possession of the vehicle. You should discuss this further with your lawyer.
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