In some states, deficiency judgments are not allowed if the borrower surrenders the car voluntarily. This means that if you voluntarily give up your car to the lender, the lender cannot sue you for the difference between the amount you owe and the amount the car sells for at auction.
In other states, deficiency judgments are allowed, but they are limited to a certain amount. For example, in California, the maximum deficiency judgment that a lender can get is $1,000.
If you are considering surrendering your car, it is important to talk to a lawyer to find out what the laws are in your state. A lawyer can help you to protect your rights and to make sure that you do not end up paying more than you owe.
Here are some additional things to keep in mind about deficiency judgments:
* Lenders are not required to sue for a deficiency judgment. Even if a state allows deficiency judgments, the lender is not required to sue for one. If the lender does not sue for a deficiency judgment, you will not have to pay anything.
* Deficiency judgments can be discharged in bankruptcy. If you file for bankruptcy, you may be able to discharge your deficiency judgment. This means that you will not have to pay the judgment.
* If you are sued for a deficiency judgment, you have certain rights. You have the right to be represented by a lawyer, and you have the right to present evidence in your defense.
If you are considering surrendering your car, it is important to talk to a lawyer to find out what the laws are in your state and to protect your rights.