Legal Question in Business Law in West Virginia

my 97 jeep was repossed

can a buy here pay here lot repo a vehichle for 2 back payments then not give you the right to cure the default?


Asked on 1/25/07, 11:20 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: my 97 jeep was repossed

When credit is granted by a seller who regularly engages as a seller in a credit transaction is subject to Consumer Credit Protection provided for in West Virginia Code 46A-1-101. 46A-1-106 provides, in part, that after a consumer is in default in any install obligation for a period of 5 days, the creditor may give notice of a right to cure. The right to cure is the amount needed to cure the default. The creditor may not accelerate the note or take possession of the collateral until the 10 days has passed. The Attorney General has the authority to investigate and bring a suit. A consumer could bring suit in the Circuit Court for return of the collateral and for damages. A consumer can file a complaint with the Attorney General of the state, but would likley need counsel to bring suit.

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Answered on 1/25/07, 12:40 pm


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