Legal Question in Credit and Debt Law in California

does a dealership have to give you notice?

I read online that you have to be givin a notice of intent, before they repo your vehical. I was only twelve days late on my payment, and was givin no notice to pay the current balance or they would repo my vehical. I told them I had the payment, but do to my high risk pregnancy, we had to wait 'til my husband could get down there to pay it. They came in the middle of the night and took it. The following day, when I called about getting my car, or at least my belongings (i.e) my childrens carseats and diaper bag, they said I couldn't do anything until that monday. Do I have any rights, and in what I read about a notice of intent was this repo unlawful?


Asked on 6/17/08, 11:33 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: does a dealership have to give you notice?

Normally a secured creditor can repo your car without notice if you are even one day late.

However, there is case law that says a debt collector can't do things that are really outrageous such as visiting you in your hospital room to demand payment. Maybe your pregnancy excuse is such a situation. Anyhow, the company has to send you certain legal notices afterward or they can't collect any more money from you. Please see a consumer attorney in your locality.

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Answered on 6/17/08, 11:50 pm


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