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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16547
Experience:  Experienced Licensed Attorney
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My car was repossessed in early June and I just received a

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My car was repossessed in early June and I just received a notice that they sold my car and what I now owe? Aren't they suppose to send me notice about what I owe and when they are going to sell it?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

It is good to hear back from you, though I wish it was under happier circumstances for you.

Unfortunately, the auto finance lender does have at least 2 years to send a statement for the amount of the deficiency after the vehicle is sold at an auction and does not have to and in most cases do not send a notice until at least 30 days after the auction, once the amount of the deficiency is finalizes.

I wish you the best of luck and please let me know if you have any related follow up questions.

Thanks.
Customer: replied 3 years ago.

When I was doing some research under California Repo Laws it stated this


 


Creditors must provide consumers with detailed written notice of their right to reinstatement and/or redemption. The written notice must be accurate and include complete disclosure of all charges and other information necessary for the consumer to reinstate the contract or redeem the vehicle. Which I never received, even after asking for it


 


If you cannot afford to reinstate or redeem the vehicle, it will be sold at auction and the creditor will apply the proceeds of the sale to your loan balance. You will owe the rest, which is called a “deficiency balance”. Always have an attorney review the notice you receive after your car has been repossessed. California law is very strict as to what must be contained in it.


 


DAMAGES AND OTHER RELIEF


A consumer may not owe a deficiency balance. If the creditor does not provide the required notice in the proper form after repossession, the consumer will not owe a deficiency balance (the amount remaining on the contract after the sale of the vehicle).


 


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My understanding is that they have to give me an itemized notice on what is due and how I can get it back. And at least give me 15 days notice before they sell it.


 


Is this not a law or is just voluntary?

Dear XXXXX,

That is correct.

However, all that auto finance company is required to prove that a Redemption / Reinstatement Notice was in fact mailed to you, not that you had actually received it and this is an issue that you would have to address with the auto finance company and request in writing proof that such notice was in fact mailed out to you, prior to the repossession and sale of the vehicle.

I wish you the best of luck!
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