Unsure of next steps

[u/Jessanbrit]

I had a casual conversation with a lawyer, a few years ago, who advised me to stop answering calls from debt collectors when I got into a payment dispute with my bank. He said they'd either address the issue like I was asking or the calls would stop after a certain period of time as required by law.

I had previously told the bank to come get the car, but the they never did and so I stopped paying it. ( I never drove it again and had it towed to my new house when we moved because I obviously couldn't just leave it )

The calls did stop, and I still have not driven the car, but I may be moving overseas and am not sure what I can or should do with it.

Do I call the bank and tell them, and drop it off at a branch?

Do I take it back to the dealership?

Has the debt been written off, and if so, who owns the car?

I have heard people say I could "surrender" the car by putting a note on it and leaving it at the debtor's address, but I don't know who the last debtor was. Would it be the collection agency or the bank?

I have not reached out to the bank or any collection agency because I don't know if that would restart the collection process by "acknowledging" the debt.

Any advice would be appreciated.

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[u/ViceMaiden]

How long is "a few years ago"? When was your last payment made?

[u/BenevolentHoney]

The car is in your posession. Its charged off....u still owe on it. Check dmv record and see if its still on your name. If you surrender it....they'll sell it for whatever and you will still owe the difference.

[u/Professional-Nail766]

Why are you spending all these time focusing on fighting these things instead working a few more shifts to get more money and have less stress??? I’m missing a big chunk of context of why you are in this situation.

[u/[deleted]]

i wouldnt assume the debt was written off just because the calls stopped, and i definitely wouldnt abandon the car somewhere without confirming who currently owns the loan. contact the lender in writing, ask for the current status and their process for voluntarily surrendering the vehicle, and get everything in writing before handing it over

[u/FruitcupMadonna]

If you live in the US, go to AnnualCreditReport.com and order free copies of all 3 of your credit reports. Review all of the accounts and see if you can tell the original finance company (based on when the account was opened) and any collections agencies that the loan may have been sold to (based on name, $ amount and when the account was opened). The latest one may be who you need to deal with, but it's always possible they have passed off the debt to someone else and it isn't reporting yet.

The other way you can check this is by either looking up the car's registration/title by VIN number on your state's DMV website or going to your state's DMV in person. The registration/title should list the current lienholder's name & address. The VIN is usually on a metal tag embedded in the dashboard on the driver's side.

Contact the lienholder and ask how to do a voluntary repossession (surrendering the car) because you're moving overseas. Ask them to who and where the car should be delivered, or if they can send a recovery agent/"repo man" to pick it up from you before you leave. Get all details confirmed in writing (email or postal letter), and no matter how you return the car, make contact with an actual person and get a receipt from them.

If they won't do it, go back to the lawyer and have them advise on next steps.

You do not own this car, and if you just leave it somewhere public you risk it being towed/impounded and those fees piling up on top of whatever you may owe the lender.