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  1. #1
    Join Date
    Aug 2010
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    2

    Question How Can I Get Rid of My Car if the Finance Company Won't Contact Me

    My question involves bankruptcy in the state of: NC

    I just got my Chapter 7 Discharge yesterday, and I am doing a voluntary surrender of my car included in my bankruptcy. My lawyer sent a letter to the finance company 2 months ago informing them that they could contact me for the sole purpose of taking possession of the car. They have not contacted me. The car has been sitting in my driveway without tags or insurance now for 4 months. What can I do about getting rid of it now? I have left messages for the finance company, but none of my calls have been returned.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Can I Get Rid of My Car if the Finance Company Won't Contact Me

    is there any local office you can visit in person?

    Not sure how you leave messages for the company to contact you. If you are talking to somebody from the lender, don't let them off the phone until they put you in touch with somebody that knows something about how to deal with this situation.

  3. #3
    Join Date
    Aug 2010
    Posts
    2

    Unhappy Re: How Can I Get Rid of My Car if the Finance Company Won't Contact Me

    The finance company is Capital One Auto loans and no, there is no local office anywhere near me. The phone system is automated and the loan officers number is selected and goes directly to a voice mail where I leave a message, so I never get to talk to an actual person. So I guess the question still remains, how do I get rid of the car?

  4. #4

    Default Re: How Can I Get Rid of My Car if the Finance Company Won't Contact Me

    We're in Michigan, and dealing with a similar situation with our son's vehicle (he passed away in March). He owed $XXXX and the value of the car was much less than that, and with no estate, we chose to tell them to come and get the car. We contacted them the first of April, and several times since.... nearly five months later, the car is STILL sitting in the driveway. We WERE told that they had NO verified lien on the car, and based on the value they may very well just leave it sit, but nothing in writing to confirm this.

    If you get this figured out, let us know, because I've had no luck.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Can I Get Rid of My Car if the Finance Company Won't Contact Me

    Quote Quoting mamabear2102003
    View Post
    We WERE told that they had NO verified lien on the car, and based on the value they may very well just leave it sit, but nothing in writing to confirm this.
    s:
    if they have no lien on the car, they can't come and take it. The car is simply part of the sons estate. Most cars that have liens have them registered on the title. They don't have to be to be enforceable but that is generally how it is done.


    Darkstar; not that it is enforceable, send the lender a certified letter notifying them of the BK and where the car can be located for them to pick up. Just to stir things up, give them notice that if the car is not removed within 30 days or so, you will charge storage fees. That last part is the part that is likely not enforceable but it might get them to at least respond and then you can figure out what to do with the car.

  6. #6

    Default Re: How Can I Get Rid of My Car if the Finance Company Won't Contact Me

    Quote Quoting jk
    View Post
    if they have no lien on the car, they can't come and take it. The car is simply part of the sons estate. Most cars that have liens have them registered on the title. They don't have to be to be enforceable but that is generally how it is done.
    Grrrr, so I've been wasting time and effort on something that they already KNEW they weren't going to come and take? My DIL is moving in just a couple of weeks, and I've been desperately trying to get this taken care of prior to her departure so that the new renters wouldn't be staring at the thing all winter. I never even THOUGHT to check the title on the vehicle, since I knew there was a loan on it. On that one now.

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