Legal Question in Credit and Debt Law in California

I purchased a vehicle in December 2006 and was paying on vehicle til April 2011. Contract calls for 41 payments and I submitted 45 payments. Meanwhile I was going to courts so vehicle would not be repossessed. After 4 court hearings of going in circles the vehicle was taken right before my last court hearing where the judge told me if I could show proof that I made all payments then he would dismiss the case. To add to the situation my cousin, who has had back surgery was sitting in the vehicle when the tow truck rammed his tow truck under my vehicle. Now there is an amount owed on account but only for legal fees which have accumalated during this court time. Even there billing payment form shows I owe nothing for the car. I know I was being jerked around. I need some real advice.


Asked on 8/12/11, 10:50 am

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

GET YOURSELF TO A LAWYER IMMEDIATELY.

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Answered on 8/12/11, 11:12 am

You very carefully avoid saying that you paid everything due and owing under your finance contract. I'd be willing to bet your payments were not the full amount owed and on time every time, since you don't get into this situation if you make the full payment every time, on time. I'm also sure the finance agreement provides that the additional fees and expenses charged for late payments, repossession efforts, and all the rest are added onto the amount due. The bottom line is that if you have not paid the full amount due and owing under the finance contract, they had every right to repo the car. You have a limited time to redeem a repo'd car, so rather than following Mr. Marman's advice and wasting money on a lawyer, I suggest you use that money to pay what you owe and redeem the car before it is too late.

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Answered on 8/12/11, 11:46 am


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