Legal Question in Criminal Law in California

My car could not be repoed because it was in my driveway behind a locked gate. I would like to know, how long does it take the loan company to get a court order so they can repo/take the car. I assume the repo man didn't have one as of yet or he would of brought a Sheriff?

My car loan went into default in July of 2006, 5 years ago and my credit reports state that it will be coming off of them next year July 2011. If I work out a payment plan or not with the loan company, will this still come off in July 2011 or does it start over?

Also, the car cost me $30,000 which I paid off $25,000 of it. On my credit reports it states I only owe about $6000 on it. Unfortunately all of this occured due to losing my job then having a kidney removed.


Asked on 8/31/11, 7:21 am

1 Answer from Attorneys
Brian Michaels Law Office of Brian Michaels

First of all, derogatory credit references stay on your report for 7 years. Many times creditors will try to fool debtors into entering into these kinds of deals so they can restart the clock on the bad debt. You need to make sure this is negotiated before you enter into a repayment plan or they will screw you on your credit report. If the debt is more than 4 years old the debt may be uncollectable if the statute of limitations has run. You would be best served having an attorney look into this for you before you communicate with them at all. It may be best for you to do nothing in this case. But do have a lawyer review the law and your loan docs.

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Answered on 9/14/11, 7:39 pm


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