Legal Question in Credit and Debt Law in Texas
Vehicle repossessed despite agreement to accept late pmts
I have a vehicle financed by the loan dept of a dealership. When the payments fell behind, I made an agreement with them (approved by the owner), to pay $400 a month instead of $300 until the vehicle was paid for. Now, $800 short of being paid off, the vehicle was repossessed even though I kept up my end of the agreement. Its been 15 days and they haven't provided me with any notification of the repossession or the balance due. Can I sue them in small claims court for breach of contract for the value of the vehicle ($5,000)?
2 Answers from Attorneys
Re: Vehicle repossessed despite agreement to accept late pmts
The actions of the dealer violate consumer protection laws of debt collecting and deceptive Trade Practices. Suit for only the value of the vehicle only scratches the surface. Additional legal claims allow for recovery of statutory punitive damages. Call 1-877-320-5232 if you want to pursue this further.
Re: Vehicle repossessed despite agreement to accept late pmts
If your modification agreements were in writing, and you can prove what you say, the Attorney General's consumer protection division will be interested in your story.
And, yes, you can sue them in small claims court for no more than the jurisdictional amount, again if you have clear proof of what you say.
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