Legal Question in Credit and Debt Law in California

I will keep this somewhat short, my auto loan is in default and there were 2 Sunday nights in a row after 10pm that there was a collector knocking at my door and shinning a flashlight into my windows. This was so upsetting to my partner, where is actually sent him into a physc ward for 6 days. Seems like this collectors activities triggered him to a point where he lost touch of reality.

Do I have any type of suit here


Asked on 8/07/12, 10:04 am

1 Answer from Attorneys

Asaph Abrams Law Office of Asaph Abrams

That's an awful experience-- I hope your partner recovers and obtains proper professional assistance. To assess viability of a claim consult with counsel in your area (contact a local bar association for a referral). That said: it is your responsibility (and obligation to your partner) to either: surrender the vehicle or cure the default & avoid the fallout of further repo efforts and creditor harassment. A chapter 13 bankruptcy may permit you to cure the arrears over time (catch up on payments), reduce the principal, keep the car and eliminate debt.

This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn�t address all facts & implications of the question-- exceptions apply; it�s general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it�s independent of other answers. It may be time sensitive, as in past the �Use by� date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Resource:

http://www.ftc.gov/bcp/edu/pubs/consumer/autos/aut14.shtm

Our Website:

www.sandiegolawyer-bankruptcy.com

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Answered on 8/07/12, 11:09 am


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