Legal Question in Credit and Debt Law in Texas

Reposession

I have a vehicle which I still owe $955.00 on. I was late in one of my last payments (2 days) and when I went to make the payment, the dealership that I purchased the vehicle said that they would not take payment because it was now in collections. I did not know what to do because I didn't want to loose my vehicle with just three payments left. I still have the vehicle but have not made payments on it since that day. I have not been served with any papers or anything. What can I do to not lose my vehicle to this dealership since they will not except payment. I have also offered to pay the whole amount but they still will not except it. What can I do....please help.


Asked on 3/13/03, 5:19 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Reposession

Their position, although morally bankrupt, is legally correct. Hide the vehicle so they can't repossess it, than write to Marvin Zindler, giving him all the facts.

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Answered on 3/14/03, 10:37 am
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Reposession

Here's what you do: You write a check for the full amount of the debt and you mail it to them, drop it off, whatever. It does not matter. As long as you "tendered" payment in full, they are not entitled to repossess the car. I know you said you already offered that, and they refused. But how can you prove this occurred? If you send them a check and they refuse it, that is their problem. Keep the returned check as proof for later, if they do go and repo the car, when you sue them for all they are worth, as no judge or jury will tolerate their tactics. Send a letter with your check summarizing the situation--it could be usesful proof too. Failure to deny allegations can be used as admissions of their truth in a court of law.

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Answered on 3/21/03, 12:34 pm


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