Recently, I (solely) had to file for bancrupcy due to a significant loss of income. I contacted GMAC/SMARTLEASE, with whom I had always been in good standing, to inquire about what would happen if I choose to voluntarily return my car as a part of the bancrupcy. The lease was listed in both mine and my husband's names. I was told that neither of us would be responsible for any remaining balance. I told my lawyer who told me to double check. On 2/26, I spoke with Lisa at 10:45 am eastern time and was again told that he also would not be responsible for any remaining balance. I asked if she was sure. She said, "Yes".
My lawyer sent a letter with my surrender form to Emanuel Paymah which stated "Enclosed please find the Surrender Form pertaining to the 2008 CADISRX. My client has communicated with someone at GMAC who informed her that after the surrender, neither she nor her husband would have any remaining liability on this loan/lease. If this is not the case, please inform me immediately and before the vehicle is returned". Emanuel Paymah called on 3/16 to arrange the car surrender. I said, so you got the letter with the surrender form. He said, "Yes". The car was picked up and the keys given to the driver on 3/18. On April 5, a letter was received stating the opposite, my husband would now be responsible for the remaining balance once the car is sold. When we contacted this department, they had no idea that this car was part of a bancrupcy and insisted that they had repossessed the car on 3/31.
I was lied to, misled, and given misinformation. My UAW lawyer's letter attached to the surrender was ignored.in addition, Emanual Paymah told me he could not read the English language. My UAW lawyer then informs me that they are unable to assist me or my husband any further because GMAC is one of their sponsers. My husband worked for General Motors for 31 years, when his plant closed and he was forced to retire.
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