Doan Law Vehicle Surrender Policy
If you are a client of one of the San Diego Offices of Doan Law, please take note that the Firm will help in the surrender of your vehicle, but only if the Lender refuses to pick up the same. As a general rule and when you no longer desire possession of the vehicle, simply contact the lender and request they immediatley pick up the vehicle.
When you contact the lender, be sure to ask and provide all the necessary information on our Vehicle Surrender Log Sheet. In the event the lender refuses to pick up the vehicle, Doan Law will assist you, provided you filled out the Vehicle Surrender Log Sheet which provides that you made at least 5 attempts to arrange for surrender without success.
Doan Law will then make a final attempt to surrender the vehicle to the lender. If the lender again refuses, Doan Law will have the vehicle towed. Doan Law will then perform a legal analysis as to whether the lender is attempting to violate 362 or 524 by refusing to pick up the vehicle in an attempt to coerce payment of a debt included in the Bankrutpcy. If it appears that the lender engaged in unlawful conduct, you can then elect whether or not to pursue the lender for damages. Click here to read In re Pratt, wherein the First Circuit Court of Appeals held that such conduct violates 11 USC 524 and is subject to damages.
Written by Michael G. Doan