Legal Question in Credit and Debt Law in California

collections law

I had my car re-possessed and was told that because it was the second time re-po'd in the same year, that i will get the car back if i pay the entire balance owed on the car. Do i have any recourse to appeal or fight this?


Asked on 12/08/08, 2:23 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: collections law

You'll need to read your loan agreement to see if it contains language which says that they have the right to "accelerate" your loan on repossession. Accelerating your loan means calling the entire amount of principle, interest and fees due on some event of default. Most contracts I've seen actually have an acceleration clause on the first repossession, though they may have a policy that says they won't accelerate the entire amount due on the loan until you are repossessed twice. Your best recourse is to contact the lender, and beg and plead your case. It is possible that they have the legal right to require payment in full, and the only way around that is either file bankruptcy (in a Chapter 13 you can reinstate the car loan and cure the payment default over time), or beg and plead for an exception to their rules.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/08/08, 2:55 pm


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