Legal Question in Credit and Debt Law in Virginia

Re: Re-po Laws in Va

There are people that have been arrested in conjunction with repo cases and have then successfully sued the dealer, collection agents, etc.

Any claims you have become stronger if they do pursue you criminally, so pack a toothbrush and hope they do. Keep a diary on all these conversations, including names, dates, what was said, etc. You should retain an experienced consumer law attorney. We handle repo cases with free initial consultations.

Re: Re-po Laws in Va

Well, the problem with such agreements or arrangements is that they are not written down. So if it comes to some legal action, they will probably deny that they ever made such an arrangement with her. And quite likely the person calling to collect the payment is not the same person that she talked to earlier. They might not know what the other person agreed to.

So the problem is proving what was said in a conversation. I know it is unreasonable to have everything written down. But it is also hard to prove what was discussed in a verbal conversation. You might think they wouldn't lie, would they? But you would be surprised how people "remember" things differently especially under pressure or don't have the guts to go against their boss, etc.

As to felony charges, NO, they most definitely cannot bring felony charges. Their remedy in this situation is to recover the car. Especially because your daughter has offered to pay -- but has asked for more time -- instead of refusing to pay (ever), this is a purely civil matter.

In fact, I think that the threat of felony charges is so outrageous that you should explore the possibility that she could sue THEM for a violation of the Fair Debt Collection Practices Act or some other law. I would have to research how this particular situation might be covered by some law of that type. The FDCPA normally applies when they hire a collection agency, but this might be covered somehow.

But because all of this was a verbal conversation, the trick is to get them to admit to as much as possible either in writing or in another conversation with a WITNESS listening in.

She should send a letter to them documenting what was said in both the first and the second conversation. While this is not THEM saying it in writing, it may prompt them to respond in writing setting down some details on paper that way.