Legal Question in Credit and Debt Law in California

Repo

I have a loan that I was delinquent on and in Dec I agreed to pay a dollar amount and they would give me an extention for 2 months. Recently that company has called family and ex-family members that I am committing fraud and they will prosecute. I never heard directly from them until this past week that they did not honor that extention for 2 months and that they have put the car out for repo. I am one month behind if they would have honored the extention and now they say they will not and I have to qualify for this extention that was promissed. Can they prosecute for fraud? I don't think that I did anything to make this claim of fraud. Did they have a right to call others making this statement? Do I have no rights in this matter? They new how to get in touch with me. They had my address and they had my partners phone number which is how they finally got in touch with me. Thay have yet to send me a statement or maybe this thing could have been avoided all together. Thank you for your time.


Asked on 5/24/09, 2:11 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Repo

You need to contact an attorney about a Fair Debt Collection Practices Act lawsuit against the collection agents. Their actions, if they really communicated this information to third-parties, represent violations of the law, each of which is grounds for statutory damages. Further, if they are threatening to sue you for fraud, in which are probably unfounded, they may have further FDCPA violations. Contact an attorney and make sure everyone who spoke with them documents the conversations immediately.

*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.

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Answered on 5/26/09, 12:34 pm


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