Legal Question in Credit and Debt Law in South Carolina

repossion

I bought rims from a place inVA i lost my job.

Got A letter from them stating the rims will be repoed can they just come to my house and emand that iI Give them the rims they also said I am going to be suied I Will Give the rims back but the tires are mine is this right.


Asked on 6/07/07, 12:44 pm

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: repossion

Assuming this is a properly secured debt, then they can repossess the secured property (i.e., the rims). (If it is an unsecured debt, then no - they'd have to file suit, get judgment, and then get the rims back or money for the rims.) If it's secured and properly "perfected," then in SC they can ask you for the rims or repo them, but they can't take them if doing so would cause a breach of the peace. If you have not paid anything on the debt, and cannot afford to pay anything on the debt, try negotiating with the shop. Repossession will cost them money and most creditors would rather take a loss on the debt than have to pay extra just to get the property back. Alternatively, you can return the property yourself.

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Answered on 6/08/07, 11:19 am


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