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Question
Q: Is it possible to settle a car loan for less than the owed amount?Answer
A:
Yes, it is possible to settle a car loan for less than the full amount owed, but this processācalled a loan settlement or auto loan payoff settlementādepends on several factors and involves legal and financial consequences.
You may be able to settle your loan for less if:
You're behind on payments and facing repossession
The lender has written off the loan as a non-performing asset (NPA)
You're facing financial hardship (job loss, divorce, medical issues)
The vehicle has already been repossessed and sold at auction for less than the balance
Negotiate with the lender: You or your legal representative propose a lump-sum payment thatās less than the total due.
Lender reviews your situation: If they believe full recovery is unlikely, they may accept a lower amount as "settlement in full."
Get written confirmation: Before paying, always demand a written agreement stating that the reduced amount is accepted as full and final settlement.
Credit Impact: A settled account may show as āsettledā or āpaid less than full amountā on your credit report, which negatively impacts your credit score.
Tax Implications: In some countries, the forgiven debt may be considered taxable income.
Legal Advice Recommended: Settlement negotiations should be handled carefully to avoid future liability or legal issues.
Loan restructuring: Ask for lower EMIs or extended tenure.
Refinancing: Apply for a new loan to pay off the existing one with better terms.
Sell the vehicle: If the resale value is high enough, use it to pay off the loan balance.
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.By Advocate BK Singh
(Delhi High Court)