Denise
BCC,#2Author of original report
Thu, December 27, 2007
I hired an attorney, and it is a law that The sale of a repossessed car must be conducted in a commercially reasonable manner-according to standard custom in a particular business or an established market. and the sale price might not be the highest possible price-or even what you may consider a good price-but a sale price far below fair market value may indicate that the sale was not commercially reasonable. Our Arizona state law, failure to sell the car in a commercially reasonable manner gives you either a claim against your creditor or lessor for damages or a defense against a deficiency judgment-a court order mandating you to pay the debt you owe. This is in Arizona, I do not know about other states. I know I have (6) figures on my vehicle that were done prior to the voluntary surrender because of a smart attorney friend who knows the ins and outs of AZ laws, so if it is sold at a low non commercially reasonable manner then I will have a defense. If it is sold in a commercially reasonable manner then, I have already been referred to a company that will handle a payment arrangement for me and I will not have to directly deal with unreasonable/threatening people.
Bart
Springfield,#3Consumer Comment
Wed, December 26, 2007
but they are not going to sit on a vehicle and wait for it to sell at what you think it should be sold for. They will flat rate it out and require the balance from you. That's how repos work.