Legal Question in Credit and Debt Law in California

my car got repossessed because I was making the payments ont he wrong date and was never notified I was paying late do i have any legal rights?


Asked on 2/22/11, 12:53 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

It is not up to the lender to advise you when you are late with payments. Most loan contracts indicate that the monthly statement is a courtesy only, and is not required to be sent. As such, it is up to you to ensure that you make the payment on time each month, and if you do not, then to pay the late fee in addition to the next monthly payment. Without more facts, it is not possible to give you an opinion as to whether or not you have any rights to fight the repossession. Frankly, you would have to file suit before the car is sold at wholesale auction, obtain an injunction stopping the liqudiation of the vehicle, then go litigate the issues. Depending on the value of the car, you may spend more fighting the repossession than the car is worth. The other option is to pay the past-due amounts and recover the car.

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Answered on 3/29/11, 11:08 am


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