Legal Question in Credit and Debt Law in Virginia

Repossession of my Automobile

I called my creditor after my payments had started to lasp on car. Explaining I could not afford to make them anymore. Explained with the high insurance and car payments I could not afford the car. I wanted to had it repoed. They did just that, and they sold it at an aution for $2500. I still owed over $5000.

I received a letter stating I was over 380 days late on my payments. Total they have to date owed is almost $6000.I explained that is why I had it repoed. What are my legal rights. what can I do to stop this insanity! I wanted to make $50.. payments,

not good enough. How should I proceed?


Asked on 9/26/00, 12:34 pm

2 Answers from Attorneys

Daniel Hawes Hawes & Associates

Re: Repossession of my Automobile

Step one is, "read the contract".

Often, the contract is written in such a way that the debtor can end up owing more after repossession than before. That's because the creditor can incur costs and expenses for which the debtor is liable in acquiring, storing, and selling the car, which exceed the value of the car (which is then sold to a wholesaler owned by the creditor at an extremely favorable price).

There is usually no obligation to sell the vehicle in a way that would benefit the debtor at all. I'd say you've probably been tooken, and quite legally, too, because you signed the contract (1) without reading it, and (2) without being sure you understood what it meant.

So, step two is, "consult an attorney". Bring in the contract, and discuss the facts. It may be that the creditor violated some rule of the Virginia Consumer Protection Act, the Virginia Home Solicitation Sales Act, or the Federal Fair Debt Collection Practices Act.

Read more
Answered on 10/25/00, 9:18 am
Daniel Press Chung & Press, P.C.

Re: Repossession of my Automobile

The fact of the repo does not affect your liability for the loan. It just reduces the balance due by the amount the car was sold for (less the costs of repo and sale). In fact, while the loan was not due in full prior to the repo, the payments are now accelerated and the whole thing is due. You now need either to work out a payment plan to pay this off or to consult a bankruptcy lawyer.

Read more
Answered on 10/25/00, 10:24 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Virginia