what kind of lawyer do i need for a bad car loan

by Eriberto Lueilwitz MD 6 min read

How can an auto lawyer help me buy a bad car?

Feb 23, 2015 · Our auto fraud lawyers help customers get out of bad contracts with a dealer and replace, return or repurchase another vehicle and get reimbursed. Get Out of Bad Car Contracts! (818) 254-8413. Common Car Fraud Claims to Look For. If your dealer wasn’t truthful, you have the option to sue them and get your money back.

Do I need a lawyer for auto dealer fraud?

Aug 26, 2015 · A Car Lawyer Can Enforce Your Rights. A car lawyer can enforce your rights if the car dealer sold you a bad vehicle. It is usually difficult for a consumer to sue the dealership …

Can you get a bad deal on a car loan?

Auto loan laws govern auto loan financing to ensure the person attempting to obtain the loan is not taken advantage of. Auto financing is put in place because some people cannot afford to …

Do I need an attorney to file an auto financing lawsuit?

image

What do I do if I have a bad car loan?

6 ways to get out of a bad car loan
  1. Refinance your loan. ...
  2. Trade in your car for a less expensive one. ...
  3. Sell your car to a private party. ...
  4. Move your debt to a balance transfer credit card. ...
  5. Negotiate with your lender. ...
  6. Give the car to your lender.
Feb 10, 2021

Can you dispute a car loan?

To dispute the charge, file a claim with the credit bureau that you found the car loan on. This is typically TransUnion, Experian, or Equifax. You usually can do this online. However, you may want to call to file the dispute to get more information regarding the charge.

How do you fight a car repossession?

As a result, it's crucial that you understand the different ways you can avoid repossession.
  1. Communicate With Your Lender. As soon as you think you might miss a car payment, reach out to your lender to discuss your options. ...
  2. Refinance Your Loan. ...
  3. Reinstate the Loan. ...
  4. Sell the Car Yourself. ...
  5. Surrender the Vehicle Voluntarily.
Aug 26, 2020

Can you make a settlement on a car loan?

Settling a car loan involves working with the car dealer as a liaison between you and the lender. They can often negotiate a lump sum payment that is less than the full car loan if you pay by a certain date. Settling your car loan will affect your credit score.Apr 22, 2022

Can you back out of a car loan after signing?

You can cancel the credit contract by notifying the lender if you change your mind within five working days of disclosure. If you cancel the credit contract, and you still want to buy the car, you have 15 working days to come up with the cash price. You can cancel the sale as well if you haven't taken the vehicle yet.

How can I get my car back without ruining my credit?

Getting Out of an Auto Loan
  1. Refinance – If you want to keep your current car, but want a different auto loan, then refinancing is the way to go. ...
  2. Trade-in or sell the car – To get out of an auto loan contract without ruining your credit, you could sell the vehicle and use the proceeds to pay off your lender.
Jun 2, 2021

Do you still owe after a repossession?

If your car or other property is repossessed, you might still owe the lender money on the contract. The amount you owe is called the "deficiency" or "deficiency balance."

What happens to your personal belongings when your car is repossessed?

Your personal belongings are your personal belongings. If a repo company took your car, you have the right to get these belongings back without having to pay a fee. Even if your car has been repossessed, you have rights including the right to get your personal belongings back.Oct 5, 2021

Should I pay off a repossession?

In most states, you have to pay off the entire loan to get your car back after repossession, called "redeeming" the car. The balance you would need to pay to redeem the vehicle might include extra fees and charges, including repossession and storage fees, and even attorneys' fees.

How does a car loan settlement work?

The lender may give you a one-time settlement option where you take some time off and then, settle the loan in one go. Since you are given some time, you may readily accept this offer. Upon settling the loan in one go later, the status of this loan will be recorded as 'settled' in the credit report.Jan 7, 2022

How does a car finance settlement work?

How can you pay off car finance early?
  1. Contact your finance company and ask them for a “settlement figure”
  2. This is the amount of money they require to pay off your loan in full.
  3. Your settlement figure is generally valid for 10 days (but there'll be a 'valid until' date on the letter they send to you)

Can I negotiate my car loan payoff?

In the vast majority of cases, no. Lenders have a contractually binding agreement with you, and they're unlikely to take less money or negotiate a car loan payoff. However, you might be able to get them to play ball if you're on the brink of financial ruin.

What to consider before calling a car dealership lawyer?

Before calling a car dealership lawyer you should consider getting all the necessary details ready for your auto fraud case. This includes knowing which parties are involved and the details of the damages, such as evidence of fraudulent sales practices. There are several actions that our car dealership lawyers can take to compensate you for your damages and help you spot signs of car fraud to continue a valid case.

Why are auto lawyers so helpful?

Auto Lawyers are very helpful for consumers who purchased a bad car because they can apply legal pressure on the dealership that sold the bad vehicle. When consumers buy bad or defective vehicles, it may be difficult for them to actually get the dealership to give them what the law entitles them to.

How to sue a car dealership?

We are auto lawyers that sue car dealerships for bad car sale practices. Call us to speak to our auto attorneys immediately if this happened to you: 1 You bought a car and paid more than the advertised price 2 You bought a car and it broke down soon after you drove off the lot 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage. 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion 5 Your vehicle needs to be repaired soon after you bought it, and the problems date back to the date you bought it 6 Your dealer called you to bring back the car because the financing fell through after 10 days have passed from the date of purchase

How long does it take for a car dealership to respond to a demand letter?

The dealership usually has 30 days to respond to the demand letter, but they do not always respond. In the event that the dealership gives no response, certain legal steps must be taken to legally force the dealer to compensate you for selling you a bad car. Usually, this is where the auto lawyer files a lawsuit against the dealership.

What happens if you buy a car and it breaks down?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion.

Can a car dealer enforce your rights?

A Car Lawyer Can Enforce Your Rights. A car lawyer can enforce your rights if the car dealer sold you a bad vehicle. It is usually difficult for a consumer to sue the dealership without a car dealership lawyer by their side.

Can you sue a car dealer in California?

Under California law, car buyers are legally able to sue their dealers for not telling the truth about the vehicle. Our legal team and lawyers against car dealerships gather evidence for a lawsuit against dealers that rip off buyers. Used car dealer fraud is common, if you are a victim, our lawyers who deal with car dealerships can help you get ...

What is required for auto financing lawsuits?

Like any lawsuit, an auto financing lawsuit will require a lot of paperwork and documentation to ensure accuracy. Auto financing lawsuits require support through large amounts of documentation and evidence. Fortunately, since auto financing is a highly transactional field, there will usually be a large amount of documentation of the process.

Why are car loan laws important?

Car loan laws help protect against loan fraud and other problems with the borrower lender relationship. This takes place because, although auto finance deals are not as major as home or business finance transactions, they can still be sizable in amount.

What are the most common issues involved in auto financing lawsuits?

Unfair lending practices; and. Various other related issues. One of the most common issues involved in auto financing lawsuits is a dispute over the loan terms. This can include disputes over loan amounts, payment periods, interest rates, and procedures for cases where a borrower fails to pay back the required loan amounts.

What evidence is used to support a claim for auto financing?

The claims may include loan contracts, company or agent certification documents, receipts, and payment receipts. These can all be used to help settle disputes over the finance contract, especially those having to do with specific contract terms. Auto financing lawsuits typically end with a monetary damages award being issued to the non-violating party, to compensate the plaintiff party for financial losses.

What is auto financing?

Auto financing describes the process of obtaining a financial loan to purchase a car or another type of vehicle. Some think of auto financing a vehicle as only the full purchase of a vehicle; however, auto financing also applies to the leasing of a vehicle. Auto financing is often managed through a car dealership, auto finance companies, ...

Why do people need auto financing?

Auto financing is put in place because some people cannot afford to purchase a new or used car at once or they cannot afford the initial down and monthly payments. The process of obtaining a car loan involves several steps, including: Dispersal of funds to the borrower.

Why is my car loan denied?

If this happens it could be for many reasons. For example, it could be a problem with pre-approved financing, or it could be a mistake made by the car dealership. If you are denied an automobile loan you should be prepared and know what to do. The easiest option is to return the car to the dealer as you have probably been requested to do.

When to consider hiring an attorney for a car repossession?

When to Consider Hiring an Attorney. The lender must meet certain legal requirements when repossessing and reselling your car. If the lender messed up in some way during the repossession process , this could constitute a defense to the deficiency action.

What happens if a car loan is repossessed?

If your car-loan lender repossesses your car, van, truck, SUV, or other motor vehicle, it might sue you to recover any money you still owe on the vehicle loan (called the deficiency). If this happens, you'll need to decide if it is worth paying for an attorney to help you. In some cases, hiring an attorney might make the difference between having ...

What happens if a lender gets a deficiency judgment?

Once the lender gets a deficiency judgment, it generally may garnish your wages, or other income, or bank accounts.

What happens if a lender waits too long to sue you?

If the lender waits a long time to sue you, the statute of limitations—the time period in which the lender must file the suit—might have passed. (For more information, see Nolo's Chart: Statutes of Limitations in All 50 States .)

What happens if you return a car that you voluntarily returned?

If your lender promised to forgive the deficiency if you voluntarily returned the car, this could prevent it from getting a deficiency judgment later on. (Be aware that if the lender forgives $600 or more, you'll likely get a Form 1099-C or 1099-A, and the IRS will expect you to report the forgiven balance as income on your tax return.)

What happens if you take a car and keep it?

If the lender repossessed the car, but kept it, there's no deficiency.

Can a lender collect a deficiency balance?

Some states limit the lender's ability to collect a deficiency balance in certain situations.

Who can refer you to a consumer lawyer?

An attorney you know or have worked with before may be able to refer you to an attorney who has experience in consumer law.

Can low income people get legal aid?

Low income consumers may qualify for legal aid. Find an office in your state here.

Do attorneys charge a fee?

Some attorneys may also offer free services, or charge a reduced fee. There may also be legal aid offices or legal clinics in your area that will offer their services for free if you meet certain criteria.

What happens if you are unhappy with the price of a car?

If you're unhappy with the sale price of your new car, or think you got too little for your trade-in, chances are you won't be able to alter those terms after the deal has been signed. If you signed the sales contract, you own the car.

How to find out if a car is worth refinancing?

Look up your car's value, using the Edmunds vehicle appraisal tool. Compare the car's "dealer retail value" to your 10-day payoff. If the payoff is lower than or close to the dealer retail value of the vehicle, you're in good shape. If you owe considerably more than your vehicle's value, refinancing your car may be a challenge unless you have a strong credit history.

How long does it take to pay off a car loan?

If not, a simple call to your lender should be enough. You'll be given what's called a 10-day payoff. Keep that number handy.

How long does it take to get a car loan refunded?

After the paperwork is completed, it can take a few weeks or months for the money to be refunded to you. The refunded amount will be reduced from the balance of your car loan, and although the balance reduction won't lower your monthly ...

Can you cancel a warranty on a car?

If you regret buying an extended warranty or other coverage , such as gap insurance, a prepaid maintenance plan, or tire and wheel protection for your vehicle, it is possible to cancel the coverage and get a partial refund of your purchase price.

Can you refinance a car if you are unhappy with the price?

If you signed the sales contract, you own the car. But if you're unhappy with your car loan, you may be able to refinance.

Is it good to refinance a car if you owe more than the dealer's value

If the payoff is lower than or close to the dealer retail value of the vehicle, you're in good shape. If you owe considerably more than your vehicle's value, refinancing your car may be a challenge unless you have a strong credit history. Check your credit.

What is a bad car loan?

A bad car loan is one that you can’t afford, or that costs you too much money in interest charges. If you’re struggling to make car payments or falling behind on your loan, you’re likely in a bad car loan. What’s important to realize is that circumstances change.

What to do if you can't keep up with car payments?

Surrender the car to the lender. If you’re in financial trouble and you can’t keep up your car payments, one option is to give up your car. You can drive your car to the lender, or wait for them to come and get it. Either of these options should only be a last resort.

What happens if you turn in your car and it is repossed?

Whether you turn in your car voluntarily, or you miss payments and they tow it out of your driveway, the repossession will be reported on your credit report. This means any car loan you get in the near future will likely carry a high-interest rate.

How to get out of a car loan without refinancing?

Pay off a car loan. If you want to get out your car loan without restructuring or refinancing it, look for a way to pay it off or pay it down. You may have savings you could tap, if you can do so without jeopardizing your emergency fund and other goals. Avoid taking money out of your retirement account.

What to do if you can't pay your bills?

If your finances have reached a point where you cannot pay your bills and you don’t see any other way out of debt, you may need to consider filing for bankruptcy. Bankruptcy may help you keep your car, which can be important if you need it to get to work and earn a living.

Is a car loan a good or bad loan?

A good car loan when you bought the car is a bad car loan now. If you think you’re in a bad car loan or one that no longer fits your needs, it’s time to start finding ways out of that loan.

Is refinancing a car better than buying a new car?

Refinancing a car is almost always a better financial decision than getting a new car to get out of a car loan. You generally pay a few fees to refinance, but you avoid paying sales tax on a new car, and you avoid the temptation to buy a more expensive car. 2.

Who is liable for a defective car repair?

Some parties that may be liable for defective car repairs include: A shop mechanic; The owner of a repair shop; and/or. Vehicle manufacturers, especially in cases where a company mechanic is working under a warranty agreement. In most cases, car repair lawsuits are based on the theory of negligence.

Why is it important to have a consumer lawyer?

Since vehicles play such important roles in our everyday lives, it is important to have the help of a consumer lawyer in defective car repair situations. Car repair issues can inhibit your ability to work, take care of children and complete everyday tasks.

What happens if a car is not repaired properly?

If a repair is not properly completed, it can result in further damage or even injury to the passengers. A defective car repair can render a vehicle unsafe to drive. A vehicle that is unsafe to drive can result in physical damage to the vehicle itself, making further repairs difficult or impossible. It can also present risks to a driver, passenger, ...

How to protect yourself as an auto mechanic?

One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

What does a lawyer do in a lawsuit?

Should a lawsuit be necessary, a lawyer can ensure your rights are protected, claims are properly filed and represent you during court proceedings if necessary. A lawyer will work to provide the best possible outcome for your case.

Where to display licenses in car repair shop?

Many car repair shops will display their licenses and certifications in the shop or in the waiting room. By verifying these documents, a customer can help ensure that a qualified mechanic who is trained and capable of proper repairs will be working on the vehicle.

Can a car repair lawsuit be recovered?

One of the top consumer complaints is often car repair fraud. If an individual is considering filing a defective car repair lawsuit, a vehicle attorney can help. It may be possible to recover damages for faulty repairs. These may be even more important if the faulty repair resulted in an automobile accident. An attorney will be able to review the facts of the case and determine what damages may be recoverable.

What can an experienced lawyer do for you?

An experienced lawyer can review your case, advise you on how to report the alleged fraud, and how to get compensated for your losses.

What is a fraud claim after buying a car?

These claims are often called fraudulent nondisclosure or misrepresentation by omission.

What are the remedies for a car accident victim?

Some possible remedies that the victim may be entitled to collect on include: Surrendering the vehicle and getting a full refund of all payments made toward the purchase. Canceling any outstanding loan balances or obligations. Having court costs and attorney fees reimbursed.

Can you sue a car dealership for lying?

Yes, you can sue a car dealership for lying to you in some situations.

Can you sue someone for car fraud?

A victim of vehicle consumer fraud will want to collect damages for their loss. If you believe you have been the victim of auto fraud by way of misrepresentation, you may very well be able to file a lawsuit.

Is car dealer scam on the rise?

Car dealer scams are on the rise and it is up to you to ensure your rights are protected.

Do you have to contact a car dealer first?

Some states will require car buyers to contact the dealer first to give them the opportunity to correct the matter or to speak with a state consumer protection agency.

image