Do I still have to pay finance charges if the finance company went out of business?

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The "buy here, pay here" car dealer had a finance company that financed my car (long story on that). I just found out by someone who purchased a car from the car dealer that the finance company went of business. I am already looking into getting a lawyer about the finance issues anyway because something was not right. I think there never was a finance company because I was not given the company name and address. It is nowhere onmy contract.

Attorney Answers

2
Daniel Shamy ·
It is hard to say without more information. Not to say that this is the case with your circumstance, but in certain situations the company will sell or assign the financing to a third party as part of its liquidation process independently, or through bankruptcy. If you are still receiving invoices for your financing, simply stopping paying those finance charges still may result in the vehicle being repossessed. If you are considering speaking to a lawyer about the finance charges anyway, I would suggest that you speak with the lawyer about the company going out of business. Make sure that you bring along any and all paperwork that you may have for your financing as well as any correspondence received from the finance institution. However, simply stop paying can leave you to legal exposure for breach, which may result in repossession of the vehicle and further exposure for liquidated damages. Liquidated damages are the difference of what you owe less the amount of the resale of the vehicle, plus costs and attorney's fees depending upon the language of your agreement.
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Richard Elie ·
When a lender goes out of business that usually means there is either a receiver, a bankruptcy trustee, or the officers and directors become its trustees for the purposes of selling its assets and paying its debts and then distribution any surplus to the shareholders. That's called winding-down. There is little information to go with here. The first step is to look at your loan agreement and see who it mentions as the lender. You should have had a note of some kind, which may be part of the finance agreement. Click on "Find a Lawyer" above and locate an attorney in your area who handles debt collections disputes, make an appointment and bring all that you have. In some cases the DMV will have a title noting who holds the lien on the car. That may be a starting point.
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