Legal Question in Bankruptcy in California

My bankruptcy was discharged about a year ago and one of my creditors is a credit union on a car loan. I was expecting the bank to contact me regarding a re-affirm or pick up on the car but I received NO notice, no phone calls. My intent was to continue paying but NOT reaffirm, but I realized later that I really couldn't afford the monthly payments, meanwhile I've been waiting on them to contact me but there was no contact. Is it illegal to if I drive the car? It is registered with the DMV and has car insurance. Is it possible that the bank forgot about my account and gave me a free car (unlikely I'm sure, and I say this in jest).


Asked on 8/09/11, 11:09 am

2 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

They still have the right to repo the car. The modern way of repoing cars is, you park your car at the mall or on the street, and the repo person pulls up next to you and demands the car. Many repo trucks have license-plate-reading TV cameras connected to a computer and they drive up and down the streets until the computer beeps - they found a car on the repo list. They then follow the car until it is parked and they repo it. Maybe you will get very lucky and they will forget to repo your car. Or, maybe you will have your car repoed when you least expect it. Don't keep valuables in the car and always have cab fare home.

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Answered on 8/09/11, 11:37 am


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