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What do I do with this truck now?
Gmac will not come and repossess a truck that I have. After I got divorced, my ex-husband bailed. I subsequently had to file for bankruptcy, in which I successfully got discharged. Now, I have this truck that GMAC will not come and get, nor will they release the lien, so I can't even sell it; I have zero use for this truck, (it's my ex-husbands old work truck) and it is just parked. I just got off the phone with GMAC, and they said it isn't economical for them to come get the truck, and that they will hold the lien until it's paid off. I got the truck discharged in my bankruptcy, so I am no longer financially responsible for it. What do I do? I'm trying to rebuild my life, I don't want to not pay GMAC, I just don't have the money. My ex-husband is over ten thousand dollars in arrears in child support, like I said, he bailed.
7 Answers
- SirdjrLv 79 years agoFavorite Answer
The lien is still on the truck. You just don't have a legal obligation to pay it. Anyone else who acquires the truck takes it subject to that lien.
Was your ex-husband's name on the truck loan? They can still go after him if it was. Can you get a hold of him? I know you said he bailed but I don't know if that means he bailed by refusing to take care of his responsibilities or you can't find him at all. If you can get a hold of him, tell him to come get it. He may be willing to do so and that takes it out of your way.
If not then do you know anyone who could use a work truck? Sign the title over to them. Make sure they understand they take it subject to the lien. That means they can't ever sell it unless they are willing to pay it off. But they can use it for as long as they want. GMAC can't make them pay for it. They have no agreement with anyone but you (or possibly your ex-husband). They could have a problem transferring the title though. Make sure you notify your state's Department of Motor Vehicles that you no longer own it.
Do you have a GMAC dealership close by? Take it to them. Tell them you are returning it, drop the keys on the counter, and leave.
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- 9 years ago
Ask your bankruptcy lawyer. If the truck was included in the bankruptcy, it means that you give it back, and they can't collect on any remaining balance on it. So they own it. You can't sell it. But, by not taking possession of it, they have abandoned it. You can continue to use it, even maintain it, if you want. Or have the police pick it up as an abandoned vehicle, then it's out of your life.
If the truck has been discharged in your bankruptcy, then you don't pay for it. The debt is gone. You owe nothing on it. That's what the bankruptcy was about. Talk to your bankruptcy lawyer for the actual details.
- milton bLv 79 years ago
I suppose you could just abandon the truck some place or park it on the street with the keys in the ignition and let it get stolen. The only other possible cheap option it to park it on the street and call the city to come and get it. Once the truck goes to the auto pound the city will be the ones to deal with GMAC.
- Jay PLv 79 years ago
I would talk to your attorney on this one. If the truck note was discharged in your bankruptcy, then there is no more lien on the truck. The debt is canceled and the asset goes back to the lien holder. You attorney should be able to straighten this out.
- crbesqLv 59 years ago
There is case law finding that this situation is a violation of your bankruptcy discharge. Contact your attorney.
Nearly all consumer bankruptcy attorneys offer free consultations. Take advantage of this to meet with one and get advice based on all of the details of your particular situation. You can find a referral at NACBA.org (National Association of Consumer Bankruptcy Attorneys).
- 9 years ago
If GMAC doesn't want it, and the car is paid off, i would give it to charity, or some one who needs a car.