Legal Question in Consumer Law in California

Help in Repossession

Recently we had a Personal Watercraft Vehicle repossessed.

It has been three years since the company last sent us a bill. The last time we called them, in 1999(february), we had renegotiated on a lower payment ($150), instead of the normal $201.00. We have been told that it would be considered an ''oral'' agreement and that oral agreements have a statute of limitations is that only of 2 years. We find this strange, since we were last told that they wouldn't come for the PWC (they said they didn't want to go thru the expense) and would just write it off as a ''charge off''becasue we couldn't make the lower payment anymore.

Also..the repossessors took the trailer that the PWC rode on, which is ours because we paid cash for it. We told them that and 2 days later it's still not here either. So my question is ...since they said they wouldn't come for it and wrote it off....wouldn't the PWC be ours legally or do they still have a claim to it? Also....the trailer is ours and the repossessors took it. Can we file charges? Any help ASAP would be appreciated. Thanks!


Asked on 9/08/02, 7:08 pm

1 Answer from Attorneys

Re: Help in Repossession

-You will receive credit for the amount you paid on the PWC. They are in wrongful possession of your trailer and might seek to press charges if it is not returned.

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Answered on 9/09/02, 12:02 pm


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