Legal Question in Credit and Debt Law in Texas
Vehicle Reposession Threats not from lien holder
In the beginning of October I purchased a vehicle from a local dealership. They said they took credit cards at the time so we put a $2000 down payment on the vehicle. We made the deal and in the contract the down payment was listed as cash.
Four months later the dealership comes back and says they do NOT take credit cards. Then they decided to run the card through their sister company a jewelry store. Since then our credit card has been locked up 5 times because of them trying to run it unauthorized. We have even had to get new cards. I have not missed a payment with my bank. Now the dealership is threatening to come repossess my vehicle because they said we still owe them $2000 because they can't get the credit card to run through.
I need to know what my options are. I contacted my bank and they said legally the dealership cannot come and get the vehicle and the dealership says legally they can because we still owe them $2000 even though the contract signed says we paid cash. Please advise and thanks in advance.
1 Answer from Attorneys
Re: Vehicle Reposession Threats not from lien holder
It would not be proper for the dealership to repossess the vehicle since, on the face of it, they don't have an ownership or secured interest. However, you still owe them $2000 since the credit card charge never went through. If they do seize your car, you're looking at legal fees to try and recover your car.
If you don't settle up with them, you may get involved in an expensive lawsuit, and end up paying $2000 plus the dealership's attorney fees, costs of court, and interest.
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