Legal Question in Credit and Debt Law in California

my son is behind in his payment for his Snap On Tools. He just mailed a payment of $160 to snap on. They haven't gotten it yet. The sales rep told him they are coming to repossess the tools. Can they do that?

Also, he paid 2 months in cash to the Snap on Rep that came to his dealership. He lost the receipt. The rep claims he never paid him.

Can they come to our home and repossess his tools? Is there a procedure they must follow?


Asked on 9/29/11, 2:26 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, as to the question of repossession of the tools, the answer is generally yes. SnapOn is very sophisticated when it comes to its credit accounts with mechanics, and generally has a security interest in all purchases made by their clients. When the client defaults, they have the right to repossess the tools. This can be done without any court proceeding. Your son needs to have an attorney review the contract and everything he signed or they provided to verify that they have this right, but I know from previous clients that they generally do not make mistakes which would prevent them from recovering their collateral.

Second, as for the cash payments - the burden to prove those payments were made is entirely on your son. Never make payments on loans in cash - there is virtually no way to overcome their claim that he did not make the payments. Absent a witness who saw him make the payment or the account representative admitting that he made the payment, your son is really out of luck on this point. I wish I could provide more positive information, but absent curing the loan default, your son is going to lose his tools, and I assume therefore his livelihood.

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 9/29/11, 2:41 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California