Legal Question in Credit and Debt Law in California
Auto Repo Collection
We are in possession of a car which is behind in payments and we have tried to work out a deal with the creditor about a year ago but nothing has happened. Now our parents (who have nothing to do with it) are getting calls from a third party saying that they are threatening to file 3rd Degree Felony Charges. Can they do this? We have had no notice of any kind . Our address is not hidden and I even left a message with a phone number with them but they have not chosen to use either ... just to hastle our parents.
In all honesty, we are trying to decide whether to turn in the car voluntarily or file bankruptcy (it is our only car).
Thanks for any help!
2 Answers from Attorneys
Re: Auto Repo Collection
Under the Federal Fair Debt Collection Practices Act, it is illegal to threaten someone with jail for failing to pay a debt. It is illegal to make false statements to collect a debt. In most cases, it is also illegal to contact third parties and discuss the debt except for the limit purpose of requesting an address. It sounds like you have a decent claim for damages.
On the other hand, you might consider returning the car if you can afford it. Chances are they will will it and won't bother you again. If they do, send them a cease & desist letter. If they sue, bankrupty is an option for you.
Re: Auto Repo Collection
You may well want to sue. We�d still want to review it, however. If the case looks good, we would do it for you with no up front fees or costs. Give us a call if you�d like to discuss it.
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