Legal Question in Credit and Debt Law in Pennsylvania

Car Reposession

Hello,

I am seeking advice for a friend who has recently had her car repossesed, and is curious as to whether or not there has been a breach of legality.

Her story...

Due to financial hardship she was behind on 2 payments for her car. She was notified that she would have to pay the balance or risk having her vehicle repossed. Not wanting this, she sent the money via an electronic transmission to the financial services department of the repossession agency. That very evening at 1am her car was repossed even though she presented her receipt of payment at the time to which the gentleman who was taking her car replied ''That has nothing to do wiht me'' I can actually understand this as the man was only doing what he was told, however supervisors whom she spoke with at the financial service company were unable to vouch for her that she had paid before the repossession. She is being forced to pay the repo fee in order to reclaim her car.

My question is...

Would it be worth if for her to take the company to small claims court?

If not, is there any other suggestions that you may have so that she can avoid paying the repo fee?

Thank you for your help in advance!

-Nicole


Asked on 11/02/07, 5:00 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Car Reposession

Nicole, they can repossess a car if you miss one payment according to most contracts. She could try to take them to small claims court and might even win if the repossession fee or the company's actions seem unreasonable to the District Judge but it is usually cheaper and easier to repay the fee.

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Answered on 11/04/07, 3:58 pm


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