by Tina
(Stuttgart, Arkansas)

I got a car that was a lemon, I put it on bankruptcy. It hasn't ran in months so I took it off bankruptcy. Now the car dealer is telling me if I don't return it he will take me to small claims court. Can he do that since' he wouldn't fix anything on it?

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Sep 14, 2011

I am a little confused by your question because you have not provided enough detail. However, here is what I can tell you. First, if the car dealer gave you a loan to purchase your vehicle, the dealer would ordinarily take a lien on your car so that if you did not keep up with your loan payments, the dealer could take the car back. Therefore, the dealer would have no reason to take you to small claims court. However, I do not know the terms of your car purchase agreement so perhaps it does in fact give the dealer the right to take you to court if you have not complied with the agreement. To find out for sure, schedule an appointment with a consumer law attorney in your area.

Second if the dealer does plan on repossessing your car, filing for bankruptcy will stop the repossession and give you time to figure out how to deal with the car loan. Go here if you would like a free consultation with a bankruptcy attorney

You should also know that Arkansas has a lemon law which may help you with your problem car if in fact it's determined to be a lemon under that law. However, the law only applies to your car during the 24 months from the date that you bought it, or for 24,000 miles -- whichever is longer. Talk to a consumer law attorney in your area who handles lemon law cases to find out if your state's law can help you.

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