Legal Question in Credit and Debt Law in California

Because I have been out of work for 6 months I have not been able to keep up my truck payments. GMAC has not formally notified me that they are taking repossion action, although, they have threatened to reposess in a phone conversation. I have asked for some refinance help but they have refused. Do I have any rights in CA when it comes to the repossion. The truck was purchased in FL. I am undergoing treatment with the VA and I need to truck to drive to my appointments. Do I have any recourse? Thanks, Dan


Asked on 5/19/10, 1:08 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

If the loan was a purchase money loan (i.e., money you used to purchase the vehicle) then you are effectively in a position in which you must either work something out with GMAC, sell the truck and buy another car, or lose the car to repossession. There is no ability on your part to make them let you keep the car without paying for it. Where it was purchased is pretty irrelevant - they have the right to repossess the vehicle regardless of where it is located if you do not pay them or work something out. My suggestion is sell the truck to pay off the loan, and then go buy something inexpensive you can afford. If you can't afford a vehicle, then you will have to figure out another way to get to the VA. I am sorry I don't have better news for you, but the reality is that you cannot keep a vehicle you don't pay for.

*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 5/26/10, 9:58 am


Related Questions & Answers

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