Personal Bankruptcy repossession of vehicle prior to filing chapter 13

[car_man]

Hi, I am a buy here pay here auto dealer and need advice on a legal issue. I have a customer who filed chapter 13 two hours after a justified repossession. By refusing to give back the vehicle with out payment, I am being sued for obstructing a filing of chapter 13 with punitive charges of twice the value of vehicle. I have only been in business for a year now and feel like I am the victim in this case. The vehicle was returned to the customer due to these threats by their attorney sadly. What can I do? It scares me that any customer can do the same at any time. Any advice would be helpful. Not all used car salesmen are crooked and I am trying to do what is right.

 

[Theresagail]

Do you know for sure you repoed the car two hrs before she filed? If you have proof of that (paper work etc.. anything) then I would not worry about it -- you gave her back the car etc.. Just go to the court hearing as you are told to do and produce your proof of time lines. If you have no proof of time lines-- you need to get an attorney. You also need to file a proof of claim so you can be listed as a creditor on the car.