Legal Question in Credit and Debt Law in California

Repossession without notification

My sister is behind on her car payments. However for the last 3 months, payments have been made consistently. For the last several years, payments have been inconsistent or not paid in full. Yesterday, a Repo. company showed up at their door to take the car. There has been no written or verbal notice from the Dealer that said they were delinguent. Payment is made by coupon method, not monthly statements. Dealer said car must be voluntarily turned in within 24 hours. Dealer said it is unavoidable to turn over car and that return of the car would only be discussed after they took posession of the car.

What are her rights? If they take the car is she still liable for the balance of the loan? and what actions need to be taken to remove that liability?

Can she legally keep the car and legally require a written request for method to resolve the past due amounts? Dealer says car must be turned in tonight. Your response would be greatly appreciate.


Asked on 6/17/99, 11:37 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Repossession without notification

Her rights are defined by the contract she signed. From what you say, my guess is the dealer does have the right to take the car. If she can immediately bring it up to date the dealer is not required to let her keep the car but probably would. She does have to pay the rest of the loan less whatever the dealer sells the car for which will be salvage prices.

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Answered on 6/30/99, 12:34 am


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