Do I Have A Defense to a Deficiency Lawsuit?
Suppose your car was repossessed, recently or years ago. You were having financial difficulties. Maybe you tried to reinstate your contract. Perhaps you were having problems and voluntarily surrendered your vehicle. In the end, you were unable to get your car back and the lender sold your car.
You may have received some letters from the lender--or a collection agent--demanding that you pay the deficiency, the amount remaining on your contract after the lender applied the sale proceeds. You may have ignored those letters. You may have made a payment or two.
Now suppose you have been sued for the deficiency. The lender has added interest to that amount, perhaps thousands of dollars of interest. Do you have any defense to that deficiency claim? Or should you just let the lender get its default judgment against you?
If you bought your vehicle for personal or family use and you live in California, you often have a defense to a deficiency claim. Contact us if you have been sued. We will review your papers and evaluate whether you have a defense, at no charge to you. Because we only take cases we think are meritorious, we never charge our clients.
