Legal Question in Credit and Debt Law in California
harrassment from finance company/preventing repossession
Right before moving to CA (grad school) from FL, purchased a used car to be financed. Dad co-signed. (Original finance co. apparently taken over by another finance co. since then).
Since I have been an unemployed student (almost 2 years), paid with funds from student grant monies -- usually several months at one time, often in advance, sometimes in arrears (because depended on monies that sometimes did not arrive until later than anticipated).
Unexpectedly had to take school leave this sememster.
Pay $171 a month, owe for December, January (and now February since amount due on 26th of month, soon, March 26).
Financial co. has been harrassing me at the home of fiance (where I live) and telephone calls/messages have been disruptive to my relationship.
Just sent them $50 along with letter explaining my situation and asking them to stop calling my fiance's home. They are still calling and threatening to take car away.
Recently secured a job and know I'll be able to pay new balance soon (@ within next 2-3 wks).
1)Is there way to protect Dad's rating?
2)Since I've sent some money, isn't my car protected from repossesion?
3)Do I have any legal recourse to get these people to stop calling my fiance's home?
1 Answer from Attorneys
Re: harrassment from finance company/preventing repossession
1. Since your dad signed the note, his credit will be affected if payments aren't made. Also, they could go after him if you don't pay.
2. Sending some money in won't stop a repossession. To prevent a repossession, you would either have to bring the balance current, OR get their agreement on a payment arrangement to bring the balance current over time.
3. Under the Fair Debt Collection Practices Act, if you tell them in writing to stop calling you, or to stop calling at a particular place or time, they must do so. My experience has been, however, that creditors often ignore this law unless you are represented by an attorney.
4. A Chapter 13 bankruptcy would also force them to stop calling you, and would allow you to catch up the back payments over a period of time.
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