Legal Question in Consumer Law in California

Lost Money-Repoed Vehicle

I go into a Safeway in my town to use the Western Union service they provide to send my car payments.I recently found out(after my car was repoed) that the bank did not receive 2 payments,I called Western Union to inquire.W U has not record of these payments and I was told I had to deal with the store that I sent the payments through.I went to the store and was told to go through W U.Once again I called W U and was told again I had to deal with Safeway.I went back to Safeway and spoke to an Assistant Store Manager and was told there was not record of my payments.I showed them the only receipts that were given to me and also one of another previous payment that did make its destination.They kept copies and also told me no one by that name or initial worked there. Obviously that person does or did during this time, because the same person of the other 2 payments that disappeared took the one payment that did reach its destination.Safeway told me I had to pursue it legally to get my money.In the meantime the bank will not accept the receipts I have as payments and my car may be sold before I could get this all resolved.What can I do?I tried contacting some attorneys, but have not gotten a call back. I desperately need help or advice.


Asked on 11/26/01, 5:12 pm

3 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Lost Money-Repoed Vehicle

It sounds like you are going to have to sue both Safeway and Western Union to get your money back. You may also need to sue the lien holder on your car to attempt to restrain them from selling your car. Unfortunately, that is all going to take time. Your best bet is to arrange to meet with an attorney in your area to discuss all of your options with you.

If you have not received any calls from the attorneys you have contacted, I suggest you call others, or possibly contact your local bar association.

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Answered on 11/26/01, 5:34 pm
Alexander Trueblood Trueblood Law Firm

Re: Lost Money-Repoed Vehicle

The lender must send you a post-repossession notice that advises you of your rights to reinstate the contract and regain custody of your car. If you want to keep the car from being sold without hiring an attorney, you can pay the amounts they claim are past due under protest, and get back the car.

Then look into a wrongful repo suit and hire an attorney. You really should not rely on this message or this board in this situation. Please go see an attorney right away! try www.naca.net for a list.

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Answered on 11/26/01, 6:31 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Lost Money-Repoed Vehicle

Sometimes a call from an attorney can get some action, where you cannot.

Who is the bank with the car?

Where is the Safeway?

Can you fax copies of your money order or Western Union receipts to me?

Give me a call, and I will see if I can help.

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Answered on 11/26/01, 7:46 pm


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