Legal Question in Credit and Debt Law in Washington

Repossession charges but car never repossessed.

I am currently financing a car through a California finance company. I fell behind in payments but eventually I worked out a verbal agreement with the company to help me get back on track. Several close to six months later, I received my monthly statement with an additional $285 in repo costs. The company insists I owe this money, even though, we worked out an agreement earlier. I never even received a repossession notice. Secondly, does State of Washington or California have jurisdiction?

Thanks


Asked on 8/18/01, 12:19 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Repossession charges but car never repossessed.

Normally jurisdiction rests with where you purchased the vehicle and entered the contract. However, you can frequently be sued where you currently live or work, depending on the type of contract and the provisions for collection built in.

Charging repossession costs when the vehicle has not been repossessed is probably a violation of the deceptive trade practices act, or some other California Consumer Protection statute. You should probably consult an attorney in your jurisdiction as there may be a potential class action lawsuit if the company is doing this to lots of other people.

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Answered on 8/20/01, 1:34 pm


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