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    Can they take my car title?

    I have a tuition balance which I was making payments to the school but stopped because I lost my job. I have another job now and the account was transfered to a law firm for collection. Ever since that happened last year in September, I have been making payments of $300 a month and intend to do so. I was told that they can see that I have an auto loan which is maturing in July and that when I get the title, I should hand it over to the law firm. I did not agree to this in paper. Since I have been paying and intend to do so in future, can they take my title? They want me to sell the car and give them the money. Can I fight this? Please help!

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    Moderator Honorable Colleague

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    did you sign a contract with them? if so, is there a default clause on it and what does that clause read?
    Do not consider postings legal advice. Always consult with an attorney.

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    No, It was over the phone.

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    Moderator Honorable Colleague

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    Be proactive and tell them that you intend to continue paying your $300 a month until the balance is paid off. They cannot make you sell the car since the car was not given as a collateral to the debt. Commit to pay and stay committed. Good Luck!
    Last edited by presutin; 06-04-2008 at 03:16 PM.
    Do not consider postings legal advice. Always consult with an attorney.

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    Does it matter how much the balance is? They made me give back all of my tax refunds which I did. Again, that was something that I agreed to do over the phone. I'm just afraid that if I tell them that I cannot sell my car, then they will garnish my pay even if I continue to make the payments.

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    Moderator Honorable Colleague

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    Here is the deal - no one can make you do things. You always have a say on how things can be done. You are caving in due to pressure. If you feel that these people are taking advantage of you, then I strongly suggest that you lawyer up and have your lawyer deal with them. That way, you will be able to pay your debt and have them back off so you can make a living and pay what you owe. Good Luck!
    Do not consider postings legal advice. Always consult with an attorney.

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    Thank you very much for your advice! I will let them know that I will continue to make the payments as I have done in the past and that I'm not goign to give them my car title. If they insist, I will contact a lawyer. I appreciate you taking the time to help me!

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    Depending on your state, there are fair collection laws as well. If they cross the line (and this differs by state) you can sue them for unfair collection practices. Good luck!


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