Legal Question in Business Law in Tennessee
repossession
If I accept a check with final payment on it and cash it can I leagally still repo a car? The amount wasn't the payoff but I accepted the final payment check. I did nothing for 5 months then I had a car repoed and now they tell me that they can have me arrested for auto theft is that true?
1 Answer from Attorneys
Re: repossession
I am not certain about having you arrested, but as a general matter you probably have no right to possession of the car. Typically, if someone writes on a check or other instrument of payment, "payment in full" and you cash the check without doing anything else, then you have had your debt extinguished. This is referred to in the law as the doctrine of accord and satisfaction.
There are, however, exceptions to this doctrine. I would recommend that you contact an attorney and go over the detailed facts of this case with him or her. That should provide you with a better answer to your question and will allow any follow-up questions.
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