Legal Question in Consumer Law in Utah

Can't afford this car

I recently filed a Chapter 7 bankruptcy. Not long after this, I received this offer to rebuild my credit from this dealer. I went in and eventually bought a car. I was relunctant even at the dealer, but went ahead anyway. The dealer stated that I have a no-grace period contract. Well, since then I have struggled to pay this note. In the first month I told them I couldn't afford this and wanted to turn the car in. I asked them to change my due date to my 2nd payday but they refused. Well, they have let me be late for the last three payments and I continue to tell them I want to give the car back. I now owe August's payment that was due on the 9th. I am now being told that I have until 4 p.m. to bring in a payment. I told them I need until Friday. My payday is today, but I have rent which takes up all of my paycheck which is why I asked for the second payday (15th) in the first place. Am I just stuck with this car now? Can they repossess my car even though they state there is no-grace period but they have been working with me for the last three months? Please let me know. I thank you for your time.


Asked on 8/31/05, 3:10 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can't afford this car

They can probably repossess the car if you do not make each payment on time. Just because they have worked with you does not mean that they must continue to do so in the future. Make the payments if at all possible. If you fail to make the payments, they will repossess the car, sell it at a low price and sue you for the difference. You have just taken out bankruptcy and would then be responsible for the difference and not have a car.

Before you make any more credit commitments, talk to an independent financial counselor.

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Answered on 8/31/05, 5:57 pm


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