Legal Question in Credit and Debt Law in California

A friend and I made a contract upon a loan i took with him..on the contract being in desperate need i put my car for collateral.. (pink slip) he made me leave a signed title and spare key with him.. however i have tried to pay off the debt several times but he is racking in late fees that are unrealistic... can he take my car from me? what can i legally do..

i have tried to talk to him, reason. ask for a settlement. the loan was about 1500 but he was already profitting i allowed over 50% interest... i.e. borrowed 300 i paid 700...

i had a cut back at work so i asked for more time but he is charging 50 dollars a day late fees.

ive asked for the fees to stop so i can start paying again...

in fees i am up to 8000 dollars when ive only borrowed about 1500


Asked on 2/18/11, 11:23 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Your friend has probably violated several different consumer finance laws, including (potentially) usury laws. To charge extremely high interest rates, and possibly some of these fees, he would have to have a consumer finance license from the State. Your only real option, however, is to hire an attorney to file suit against him to clarify all of this. You need to contact a litigation attorney in your area to discuss what you may be able to do. It is pretty clear, however, that your friend is over-reaching and probably violating state law in doing so.

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 2/18/11, 11:40 am


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