Car Loan Repossession Rights
Summary
If your car was repossessed in Indiana, lenders must provide a Notice of Right to Cure and a Notice of Sale before selling the vehicle. Failure to respond to a request for admission within 20 days may result in the facts being deemed admitted by default. Consult a consumer rights or bankruptcy attorney for guidance.Full Conversation
I defaulted on a car loan and have received a summons, request to admission for deficiency, I self surrendered the car in October and got a notice of repossession that said sale date was 10 days from the time of letter, per my contract I'm suppose to receive notice of time, place and when the car will be sold before being sold but got the summons finding out it was sold February 22nd, then a letter last Monday showing the car was sold
Hello ****, it seems like you're dealing with a repossession issue. To provide you suitable legal information, could you please tell me in which state this occurred?
Indiana
Hello ****,
Based on the information provided and Indiana law:
*. Lenders must provide a "Notice of Right to Cure" before repossessing a vehicle.
*. After repossession, they must also provide a "Notice of Sale" before selling the vehicle.
*. If these steps weren't followed, you may have legal recourse.
Please consult a local attorney.
And I should answer the request for admission before the 20 days is up
Yes, you should respond to the request for admission within 20 days, as per the Indiana Rules of Trial Procedure. Failure to do so may result in the facts being deemed admitted by default. Always consult with a local attorney for best advice.
What kind of attorney should I consult
You should consult a consumer rights or bankruptcy attorney who is experienced in repossession cases. They can help you understand your rights and potentially contest the deficiency if the lender didn't follow proper procedures.