Legal Question in Credit and Debt Law in Texas

Repossed and paymenst made

My car was repossessed by the dealer, this came as a shock to me because at the time of repossession i had no idea that i was in default of the contract. originally the car note was to be paid on 1st and 15th, then upon speaking with personnell at dealer i paid on the 15th and informed him that i would need to pay once a month. at that time he charge me no late fees for the first of the month payment and didnt inform me that it would not be ok to pay once a month infact when i made that payment he said ok. the next month i paid my carnote on the 15th thru the nightdrop box which was a full months payment. i got no notice from dealer that this was no longer acceptable and that there were late fees being accrued. the following month i was going to pay again on the 15th but the dealer repossessed the vehicle. according to contract they can reposses without notice, but my question is can they hold me in default with out some sort of verbal or written notice that i am infact in default.


Asked on 4/23/03, 12:07 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Repossed and paymenst made

The lender is not under any obligation to tell you that you are in default, unless that's specifically written into the contract. If you are going to change any terms in a contract, make sure you have the changes in writing.

Verbal changes are almost impossible to prove.

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Answered on 4/23/03, 6:22 pm


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