Legal Question in Credit and Debt Law in California

My care was repoed and now they want me to pay the remaner

My car was repoed. The company I had my loan with has resently contated me to tell me that I have to pay the remainder of the loan, and if I dont then they are going to have me arrested. They took my car, and, I have not seen it again. I need to know what my rights are, and if what they are doing is lawful. Thank you


Asked on 1/01/06, 8:33 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: My care was repoed and now they want me to pay the remaner

The threat to have you arrested for failing to pay the debt is a violation of both federal and state law. You might have a claim for damages against the lender for this illegal conduct.

The most that they can do is sue you for the shortfall. They can only do this if the sale was conducted in the manner set forth under the law. Tell them in writing that you are consulting an attorney who has advised you of your rights regarding unfair collection practices, that you dispute the amount owed and that you demand proof that the repossession sale was conducted in accordance with California law. Instruct them not to contact you ever again except for the purposes of proving the the sale was legal.

If the doesn't get them off your back, then feel free to call my office for a further consultation.

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Answered on 1/01/06, 10:10 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: My care was repoed and now they want me to pay the remaner

A creditor cannot threaten a debtor with criminal prosecution regarding an alleged civil liability. Such conduct is blatantly illegal as extortion. You now have the option to sue if you have the evidence to back up your claims herein. For a free phone consultation, contact us directly.

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Answered on 1/01/06, 11:25 pm


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