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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27692
Experience:  Lawyer
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If you took a loan on your car withyou title for $2500 and

Customer Question

if you took a loan on your car withyou title for $2500 and you payed for one year and they reposse you car how do get your car back
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

California law unfortunately does not require lenders to give a consumer any notification before repossessing a vehicle. The loan itself is notice that payments must be paid. The day a payment is late, they're allowed to take the car unless there is a grace period in the loan itself. So, the lack of a separate notice does not mean that you are entitled to get the car back, I'm sorry to say. The notices they're required to give kick in AFTER the car is taken.

Look at your loan paperwork. Sometimes, you're able to get the car back as long as you bring the loan current, paying any past due amounts, interest, and costs associated with the repossession. Sometimes, there's an "acceleration clause" which means that you'd only be able to get the car back if you pay the loan IN FULL. They have 48 hours after the car is taken to give you a notice telling you where the car is, who took it, a list of personal items within the vehicle, and giving you 60 days to collect those items. This notice also should contain a notice of how much is owed and what you have to pay to get the car back. They're also required to give you 15 days notice before they can sell the car, and under California law, you have until the sale to repay the loan and get the car back.

If it's been less than 48 hours, you'll be getting a notice soon. If that time passes and they don't give you the documentation, call the lender to see what they can tell you about who took the car. Or if the car was paid and the repayment was a mistake, try calling the lender as soon as they open for business.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 10 months ago.
can i talk to someone on the phone to make more into the subject matter what is going on
Expert:  Lucy, Esq. replied 10 months ago.

I'm unfortunately not able to speak with you on the phone, but can chat with you via this forum for as long as you like at no additional charge. The site may offer you the option of requesting a phone call for an extra payment. If you do that, another expert may contact you if one is available.

If you mean talk to someone who took the car, absolutely, you can call the lender and ask them what's going on as soon as they open for business, but they may tell you to wait for the notice. That documentation should have all the information you need.

Customer: replied 10 months ago.
ok let continue chatting they sent a letter that i have to pay $2500 that is first letter then on the send letter there was amount$1700 and they going to sell my car on the 21dec i spoke to ***** ***** the person in charge i told him i can pay the rest on the 3rd of jan he agreed verbally only nothing in writing so what is your advise should i trust him
Expert:  Lucy, Esq. replied 10 months ago.

Did you pay the balance in full on Jan. 3? Was the car sold on Dec. 21?

Customer: replied 10 months ago.
sorry feb 3
Expert:  Lucy, Esq. replied 10 months ago.

Was the car sold on Dec. 21?

Customer: replied 10 months ago.
that is tomorrow that what the letter stated
Expert:  Lucy, Esq. replied 10 months ago.

You're allowed to request that they extend the sales for 10 days if it hasn't happened yet, and they should delay.

Customer: replied 10 months ago.
if they extend the date is till the 31jan i can pay them only on the 3rd
Expert:  Lucy, Esq. replied 10 months ago.

Tomorrow is January 21. If that's when the car is being sold, you can request a 10 day extension. You need to pay the amount due in full before the scheduled sale in order to ensure that you get the car back. It could be extremely difficult to get the car back after a sale based on the fact that they orally said you could pay later. You need something in writing - but it's still better to pay the loan FIRST.

If they'll delay the sale, which they should, that gives you the opportunity to make the payment before the new sale date and get your car back. Paying four days after the sale won't help you. The only way to keep the money is if you can find a way to get the money before they sell it, unless they agree to reschedule the sale for after Feb. 3.

Customer: replied 10 months ago.
feb verbally he agreed should take his word verbally
Expert:  Lucy, Esq. replied 10 months ago.

That's not binding on him. If he sells the car after verbally agreeing not to, there is nothing you can do about it.

Expert:  Lucy, Esq. replied 10 months ago.

That's why I said it is better to get something in writing. They're basically saying they'll do you a favor, but that's not legally enforceable.

Customer: replied 10 months ago.
it is better to see him personally in his office and get it writing
Expert:  Lucy, Esq. replied 10 months ago.

Yes, it is. And you may have to make a small payment to make the agreement binding. That way, you're giving them something in exchange for them giving you something, which is how you create a binding contract.

Customer: replied 10 months ago.
i paying total of $5000 for $5000 loan is that the right way
Customer: replied 10 months ago.
for $2500loan
Expert:  Lucy, Esq. replied 10 months ago.

That depends on your loan agreement. Read all your paperwork carefully to see what it says. You should either be able to reclaim the car by repaying the past due amount or paying the entire remaining balance plus interest, late fees, and other penalties. I can't think of any reason you'd have to pay $5,000 unless they're charging you a ridiculous amount for storage. Find the documents so you know EXACTLY what you need to be paying and show to the lender.

I'm having some technical difficulties that are requiring me to sign off bit a bit. If you have more questions, I'll be back as soon as I can, but there may be a delay. I apologize for the inconvenience.

Customer: replied 10 months ago.
from the date they posses my car i have paid them $1500 dec7 one paymentof $500andon jan 7$1000
Expert:  Lucy, Esq. replied 10 months ago.

Then you should ask them to reconfirm the amounts owed, because it sounds like the vehicle should be paid in full by now. Go back to the first notice they sent to see how much money you owed when they took the car.