I'M DUMPING MY TRUCK AT THE BANK-WESTLAKE FINANCIAL IN LOS ANGELES

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SoulRaven

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I purchased a truck for 19K (2006 Dodge Ram Mega Cab 150K miles). I put down $6500.00 plus a used my 2003 NIssan Frontier (close to 300K miles but still ran fair). The bank and dealer used the $6500 as the interest (they calculated it to some 20+% so that only on interest it be my downpayment and my truck trade ($600). I was homeless at the time and now currently in between homes. The truck was exciting at first because it is huge and thought I could build a big camper and live in it, I was was extremely depressed and a few weeks ago was taken to 72hr hold by police due to suicide thoughts. The truck payment is $315.00 (made about 6 payments), been paying about $70 for basic insurance (they have not said anything about full coverage or it be over $115), gas is a MONSTER (100-200 month). My income is disability (-$1000.00). Total cost of having truck is ($535-$600). I can't go anywhere comfortable because its already out of gas in just a short trip anywhere. I'm left with about $300-$350 to pay rent, food, misc needs. I cannot even get back on Section 8 because rent is minimum $300 without adding utilities! I'm closing my bank account and having my check mailed or open another bank account ASAP. My credit is useless and at this point I don't care about it really! America is all bout credit and FICO scores, fk that! I talked to the bank and asked them if i could sell the truck for $7K and pay them the balance, they said yes but I'd still be responsible for the balance and the tittle would still be in my name, the bank and until I paid the balance the new owner would have it under their name! What's the point then if Im held responsible and what if the new owner destroys the truck, tickets, etc..etc..? I don't want to carry that burden and continue being depressed on top of all I have already! The hospital did help me and I'm quite better. I'd like to clean the tuck really nice and drive to the bank and hand them a letter with the keys and tell em them their truck is parked outside. One thing I want to know is how are they going to come after me if I have disability income and nobody can touch that unless its a court ordered but being homeless most of the time where the hell are they going to find me? And you think I"m going to be stupid enough to show my face in court? If it goes to collections what do i care? I was screwed with over $4000 from Capital One, then $3000 by SPRINT so what do I have really left? I don't have a home, cars, nothing! Any advise? I'm paying over $200 on utilities with a relative, then all I have at times is almost nothing! The truck has had issues for a long time and believe it might even be a salvaged truck because its a bit funky at times or the previous owner did not care for it, the 4x4 gears are strange and lock for over 10 minutes before you can even drive it back on normal gears, there is now white smoke coming out the back and at time its HEAVY and at this point I can't handle this anymore and all my money is being thrown, I'm very stressed.
 
Hi NomadicMario. Sorry to hear about the shit storm. I don't have much advice, just wanted to let you know I was feeling you and your troubles. Best of luck with everything, and try to pick apart this life lesson for tips in the future. Take care.
 
Thanks Wabbit. If I got rid of this truck I could go live in Baja. With -$250 bucks close to a beach and rent a decent to NICE place and the utilities are super cheap, food is also extremely cheap and I could have  a lot money left to take a date out to a movie or a nice dinner and enjoy life and have income left. My cell phone in Baja was under 15 bucks, cable tV 20 bucks, my own propane tank was filled with under 20 bucks and lasted forever, I ate great, woke up to tranquility and sense of worth, living, and once 5-7pm came around I loved to make dinner, shower, lay in bed/couch, get cozy with my dog, open a beer, eat and rest the rest of the night. I was happy. I can't even do that unless the rent is under $200, 150 would be ideal really but 'I'd be still struggling and a truck sitting there doing not a whole lot due to being afraid to put gas. Gas is more expensive in Mexico also. I i sold the truck I could save 1 or 2K to buy a used cheap 4x4 crappy truck and drive it in Mexico then take my monthly bus pass in US/San Diego to see my docs and case manager. I'd love to find an old Toyota 4x4 with a 22R engine. I took the whole engine apart because It was taken by cops in San Francisco years ago because the engine was modified to race on sand, powerful fkr! Loved it! AND stick shift! Life was so much easier back then for me and was very happy also. I have a pic of it somewhere even. Would take it to the beach and drive in the sand then park, pitch tent, and grill steak, cold beer, and boil clams (big suckers) bought from the Ensenada fish market or farther South camping.
 
What will happen is the bank will sell the truck at auction for way less than you owe & they'll add on fees, charges & you'll end up holding the bag & oweing a bunch. I'm sorry you're in this mess & just letting you know the process. Sorry & Good Luck!
 
That last sentence sounds about what I hope the after is like. Not sure if I'd ever get bored camping on a beach with cold beer and juicy steaks. If a bikini ran by so much the better! Lol.
 
Mario, it sounds like the lender/bank is bullying you. :(

Do you have an advocate or legal aid who can look into their claim about the Title?
Specifically, is it really in your name, or is it in the Lender's name?

Also, only if you are comfortable doing so, perhaps you can explain how you're using so much gas?
No pressure!

Maybe there's a non-profit organization that can help you with a vehicle inspection, and give you an honest assessment.
If you buy a cheap replacement, you're still faced with big unknowns. I just went thru making that type of decision, and understand some of your stress. :(

A cheap tent & Baja sounds like something that could make you happy, and take some of the financial pressure off. :)
Ditto to Wabbit's Wisdom. ;)
 
Dang, Mario! that's a mess. I'm sorry your dealing with all of this. It sure doesn't help your stress level.
 
How much is the payoff on your truck?What shape is it in?Some of us on here have several thousand dollars cash in hand if the right deal comes along.Pictures and a description would be what we need to investigate further.How much do you owe on the truck?I could drive to L.A.,no problem.
 
There is such a thing as voluntary repo or voluntary surrender this is where you give the bank the truck back and the bank will auction off truck and you would be responsible for the remaineder of the debt but you said it didnt matter on your credit (i know how you feel) and the bank cant make you pay what you dont have so they will just have to write the debt off. Go Live in Baja again forget the bullshit small stuff live life and be happy.
 
I am not an attorney. All I can say is talk to one before jumping into the frying pan.
Going to Baja sounds great but it is not that simple unless you have Mexican citizenship. What might happen if the bank decides to take this person to court for the money they owe the bank? If you owe enough money for it to qualify as a felony and then an arrest warrant gets issued that impacts the ability to cross the border into Mexico. What if they are out of the country when the court date happens? That arrest warrant will be issued and is likely to get a person arrested who is trying to come back into the USA.
 
So I can answer this for you. Will they come after you? Yes, the truck will go to auction and be sold for nothing. They will deduct the sales price from what is owed by you and you will have a deficiency balance. They will put the on the credit bureau and likely give to collection agency. So what? In many states if a debt is reduced to judgment, they can garnish up to 25% of the gross income and seize assets such as bank accounts. However certain incomes are exempt, such as SSI and disability.

I live in Sonora Mexico on the Sea of Cortez and travel back and forth between Phoenix and here. If you plan on staying more than three days, your supposed to get a tourist Visa, but no one does. Mexico does have a real way of enforcing unless you get into serious trouble. When you drive across the border they may check to see if you have declairable items, but not the passport. They like tourist dollars so no one will mess with you. The ATMS give money in dollars or pesos. Businesses take dollars or pesos.

I put a 5th wheel on a piece of land in an RV ""resort". My annual rent is $1845.00, includes water. Electric is about $80.00 every 2 months, internet is $25.00 a month. Eat like a local and food is cheap. Apartments go for $200.00 a month or more if you want. You can easily live for $500.00 a month and many Mexicans do. Many expats here.

Do you need a car here? No but nice to have. Many people drive quads or take taxis. I bought a 2003 Dodge Durango with 119k miles for $2000.00 and alternate between that and another car to drive back and forth.

This is a pueblo of 30k so not big city. Has a Sam's club, Caesars pizza etc. Everything you need. Ensenada might be more. Weather is more pleasant in the summer. Here it gets 90 degrees with 70% humidity, but 4 months of the year only. The rest is heaven.


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And just to clarify even more. Owing money or a debt is not a criminal offense. While Canada has access to US NCIC system to check for criminal convictions, Mexico does not. If you fly in, they will look at your passport and give you a stamp piece of paper that is the tourist Visa. They don't have access to criminal databases. I won't go into other types of Visa's here, but many people who want to reinvent themselves come to Mexico and bring their financed car or motorhome with them and never pay another dime. I'm not suggesting you do that, just information.

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There are other consequences besides criminal.

I was thinking more of the debt abandonment and effect on credit rating, which is checked for many reasons unrelated to taking on additional debt.

The OP seems relatively young, and this will haunt him.

Best to figure out a way to responsibly deal with it, rather than just walking away.
 
That would be great, though I think $1,000.00 doesn't go far and when you're living out of a vehicle, credit rating may not matter. I suspect the reason for the high interest rate on the vehicle and ridiculous sales price was as a result of already damaged credit which I think he alluded to. No judgment.

Dinner pulled from back yard. Sort of.
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Mario, man that sucks, I'm sorry to hear you're going through a bad spell.  But like anything in life we just gotta endure... trouble like this is only temporary.  Highs wouldn't be highs without a few lows thrown in there for contrast and to keep us real.  Sometimes we just gotta roll with it...  

About the situation with your bank...  They're likely going to mark-to-market value and squeeze you for the difference.  In other words, they'll auction it and look at you to pay the difference owed.  Best solution would be if someone could take over payments or buy it for outstanding balance.  That way you could walk away in good conscience.  If that can't happen I'd suggest to go talk with the bank and see if they can restructure and perhaps lower your payment so you could avoid default on the loan.  At least let them know about your situation and maybe they have some guidance for you.  Another alternative is bankruptcy.  If you tell them you're faced with bankruptcy and they might get even less out of you, maybe they'll entertain the idea of a voluntary repossession or some other terms.  Just try the best as you can to make it right with them.  I do believe in fulfilling one's obligations if at all possible.  Call it karma, ahimsa, golden rule, reciprocity, or whatever, I just don't like to do people like that... if you know what I mean.
 
UPDATE: MAY 22, MARCH 2019. 

1-THANK YOU FOR ALL YOUR REPLIES AND WILL ANSWER LOTS OF YOUR QUESTIONS. 
2-The truck has a $9800 balance pay pay off. 
3-The truck has a strange noise when you put it on 4x4 (high or low) and gets stuck returning back to normal 2wd mode(maybe I'm doing something wrong). 
4-The white smoke is not that much, I saw the heavy smoke two months ago when it extremely cold here in San Diego/raining, and I had the heater on high and had just turned the engine on to move. I have not seen it that bad anymore but just very mild and not continuous. Guess its normal but will take it to a repair shop and have em look at it well for a cracked head or valves and such and have em check the 4x4 issue. I may not really be even able to afford to repair thing beast if something that big a repair came along. 
5-The gas expense is huge because its a 5.7 liter HEMI engine, fils up with about 80-120 bucks (depending on gas prices, and they are going up again). I'm told its a 32 gallon tank (none of I knew when i bought it, I was concerned about a home and saw this beast like a God, speciailly the inside of the rear cab/you can fit a twin size, possibly full size bed easily). When I was living in/out of it I had to drive a lot to find a safe parking spot almost daily and sometimes could not find something comfy, it was a lot of driving around. Park one area to sleep, drive to spend the day in another only to leave at night to find another place to sleep. And that went on almost daily... yeah, lots of gas! I did have an opportunity to rent in Baja for $150 a month in two beach front camping spots, LOVED IT, and very happy but got lonely in one of them after a while. Went to a 2nd one and met Americans and enjoyed the girls in bikinis, also 150 a month but I also had an overhead camper at the time with a bed, stove, and TV, its sold now and was falling apart badly. If the mechanic tells me the truck is in good condition and the 4x4 thing is xtremely costly or finds other near future big repair costs then I wont afford to repair it, with that? Only way to afford it is to park at the campgrounds or a cheap apartment in Baja under 200 and seldom use it. 
6-The PINK SLIP I am not even sure who has it! My registration just says my name and the name of the bank. I don't have any pink slip except the registration. 
7-I've never heard of debt being a crime or felony in USA. I'm currently looking at the options of either filling for Bankruptcy Chapt13 (I am on disability income/SSI/SSDI). I have nothing to offer back, no money, no land, no furniture, nothing! I have my 12String Taylor Acoustic guitar valued at $1000 but I'm not going to be stupid to hand that over. I also am going to talk to the bank and ask about lowering my payments and tell em the issue is the gas, its making me more poor than I already am and can't even get an apartment or else how am I going to pay the utilities! I'll have nothing left to eat! Seriously! 
8-The truck has a hitch in the middle of the bed for a 5fth wheel or goodneck pull hitch I was told, its also reversible. I know nothing about these things but was told and confirmed its a hitch for either a 5th wheel or goosneck pull hitch. 
9-The RPM meter sometimes works. 
10-The registration is due June (about $300 bucks). 
11-Three nights before I was taken to the mental hospital I don't recall how many times I drove and drove around to find a safe place to park that it now was the 2nd night of terrible sleep and on the 2nd night I fell asleep parked at Walmart Imperial Beach from fatigueness after taking my meds and the SDPD came and did every single DUI test and I passsed all of them. Then some 3rd cop came and tried to see if I was high or drunk and could not find anything on me, I was tired like a dog and fell asleep with the engine on. They gave me a ticket saying I had to take a new safety driving test, my license was revoked until I did sent my doctors fill out paperwork to let the Dept. DMV Safety division know I have no history of seizures or fainting issues. They made me take a new written test and on the 4th wrong answer they told me my license was suspended until they hear from my doctors paperwork and retake the written and driving test over. 
12-I COULD GIVE A RATS ASS ABOUT MY CREDIT SCORE, its been bad for years thanks to CAPITAL ONE bank who helped themselves dive into my bank account and then fell really behind on credits I had been in very very good standing. I have one credit card now and they told me my interest went from 21% to suddenly almost 30%! WTF? AAA car insurance gave me this BS story that my insurance was now almost 90 dollars because they said I had removed renters insurance! When the FK have I had renters insurance if I've been living in the streets???? Duh! I even told them if they wanted me to drive over to show them inside of my truck where I lived! I was paying almost 63 a month a few months ago, now they are saying that its because i dont have their "BUNDLE." Now I'm seeing other auto insurance have "bundle and save on your car insurance." I was raised in America and I' a legal Mexican and US Citizen but man, America is all about squeezing money out of you any way they can, specially CALIFORNIA. OH, they are raising a $10 tax hike on your drinking water. Gee, thanks Governor of California! 
13-I'm going to take the truck to find out if the 4x4 issue is in dire repair and if the engine is in fair shape (meaning the whit smoke is normal/no damage to engine block/4x4 is not a huge expense but it they tell me bad news Im going to either file for bankruptcy Chap 13 and hope for the best if they give me my license back I'll save to buy a cheap POS 4x4 economical 4cylinder stick shift pickup under $1500 bucks and in cash! If the truck is in good and fair cost conditions I'll reconsider saving to buy another bigger overhead camper and park and stay at one of the 150 beach campgrounds in Baja and avoid moving all over. The 2nd campground is very nice and safe with guards and Americans to speak to in English. And if all fails with getting negotiations with bank and/or mechanic says its an expensive repair I'll return it, file for bankruptcy and if thats a crime then I'll just go to jail or make magic and pull money out of my wabbits ass! I'M TIRED OF SUFFERING WITH ALL THIS EMOTIONAL STRESS AND DONT' WANT TO GO BACK TO ANY PSYCH HOSPITAL OR GO INTO A DEEP DEPRESSION AGAIN. I FKD UP AND IF THAT MAKES ME AN IRRESPONSIBLE US CITIZEN THEN I'LL STAND IN LINE WITH ALL THEM FKRS AT THE WHITE HOUSE WHO ARE ALSO AVOIDING TAXES AND GET AWAY WITH IT OR ALL THOSE ON FOODSTAMPS TRADING THEM FOR CRACK!
14-And finally.... if you wish to buy the truck and help me out give me a shout [email protected] I'm in San Diego and can meet you with advance notice. I'll even clean the truck and polish it for you if your seriously interested. Remember, I owe about $9800.00 and if you offer me something less then that your not getting the tittle to your name unless you pay the whole pay off amount. I will offer to pay $1500.00 if your willing to take the truck as is and agree to wait till I pay the balance, 6 months approximately.
 

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maki2 said:
I am not an attorney. All I can say is talk to one before jumping into the frying pan.
Going to Baja sounds great but it is not that simple unless you have Mexican citizenship.  What might happen if the bank decides to take this person to court for the money they owe the bank? If you owe enough money for it to qualify as a felony and then an arrest warrant gets issued  that impacts the ability to cross the border into Mexico. What if they are out of the country when the court date happens? That arrest warrant will be issued and is likely to get a person arrested who is trying to come back into the USA.
I'm not trying to escape anything, i'm simply trying to avoid anymore payments. If they take me to court then sure I'll go but where in the world am I going to get anything to pay them if I'm homeless, in a tent, and trying to get back to Section 8 at least, I have nothing saved, no property but my music guitars, and thats it! I can't afford to even pay my relative here for utilities and 1/2 of all utilites plus food and leaving me with almost nothing. The truck is sitting there in the parking lot doing nothing but collecting dust! Plain and simple! I put gas like every week it seems and its goes fast now with gas rising again! Its endless. money going to nothing but to the bank and fkng me over with this mess I got myself into. I'm on disability income SSI/SSDI. the debt it under 9800 to pay off. Is that a felony? Since when was it a felony to file bankruptcy for not paying your loan thats taking 2/3 of your income or more?
 
Man you're fine. Lots of people end up where you are. There's no crime. You can live well on $1000.00 a month lots of places if you keep your wits about you. Mexico is easiest. Thailand, Vietnam, Cambodia all have expats living there to save money.

2008 a bunch of people lost it all and headed south. I came to Mexico first for vacation spot and now live. You don't need to speak Spanish though it's nice. You dont need a car though its nice.

Just do it.

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This information is copied directly from the Experian website regarding non payment of a load and the potential legal consequences.

Can a Debt Collector Sue Me?

Yes, a debt collector may choose to take legal action against you. If a creditor or bank takes you to court over an unpaid debt, you should make sure to respond, either through an attorney or on your own, to the lawsuit.

"Sometimes creditors or debt collectors will take this action in order to get a court judgment against a person who owes a debt in hopes to collect the money they're owed. If the person who owes the debt does is ordered to appear in court and does not show up, the judge has the right to issue an arrest warrant for failing to appear. So, the debtor could be arrested—not for failing to pay the debt—but for failing to follow the court order. "

In some states non failure to appear in court can be a felony offense.
 
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