Legal Question in Credit and Debt Law in California
HELP:Loan Reinstated, But company refusses to return car
Car was repo on 12/11/02, company mailed on 12/12/02 via 1st class certified notice of intention to dispose of motor vehicle. Total to reinstate $1,944.15(includes next month car payment).Request to extend by 10 days sent to co. via first class certified mail(receipt on hand)and received by company on 12/24/02.Contact Person provided by Co., apperantly on vacation.Info from customer service ''keep trying''.On 01/02/03 reach some(name on file) at coll. depart.States they never received request to extend, car has been sold.I have receipt an will gladly fax copy,I want to speak with supervisor.Ok let me check, it looks like car not sold after all.Ok,but amount Is now $2395.00(includes next month car payment).Ok,money sent via western union(copy on file)on 1/3/03.Ok,but now you have to send other info.collected and fax on 1/6/03(receipt from kinkos).We did not get, over 80 people use the same fax machine.Fax it again. Ok,info.faxed from kinkos and coll. rep called from kinkos to alert of fax. Co.now claims car sold at private sale.Car still at Auction site 1/29/03, two employees say yes (names on file),Finance Company now says talk to our legal reps.Car sold, private sale, case close 01/30/03.Please Help!What can I do?
2 Answers from Attorneys
Re: HELP:Loan Reinstated, But company refusses to return car
It sounds like you have a good case. Please contact me for free consultation. 714 363 0220
Re: HELP:Loan Reinstated, But company refusses to return car
Thank you for your posting.
If you were given a deadline to "cure", or pay the amounts past due, and you did that within the deadlines given, then yes, you can sue for the value of the car minus the debts owed, and your other costs. Frankly, if the car was sold to a new owner, it is difficult, if not impossible, to get the car itself back, but you do have the right to get the value of the car and any property inside of it.
I hope that this answer helps, but if you have other questions, need more information, or feel that you need legal representation, please contact me directly via email at [email protected]. I�m happy to help in any way that I can. Best of luck.
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