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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
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Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Does a bank have to send a notice when you are late before

Resolved Question:

Does a bank have to send a notice when you are late before they repo a car or can they just come and get it whenever they feel like it?
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

Dear XXXXX waller - They are not required to send a notice since you are responsible for keeping your payments current. If they were required to send a notice they would have a far more difficult time repossessing the vehicles since people would try to conceal the whereabouts. Most loan agreement provide for the right of repossession if payments fall behind.

 

David Kennett - JD - Attorney at Law

Customer: replied 5 years ago.
But here is the problem. We have moved from the location that they had in their system. Payments were made over the past few months and yet the repo has been in affect since last month. Every payment that was made we never received notice that the payment was made ontime or what a balance is that is owed on the car. We recieved nothing from this bank AT ALL. Is that legal?
Expert:  Dave Kennett replied 5 years ago.

It certainly is against the loan agreement to repo a car if the payments are made and are on time and up to date. You are still responsible for knowing the status of your payments and I'm not sure what moving to a new location has to do with anything.

 

You would be required to notify the bank of the move but I know of no notice the bank would have to send to you unless there is something in your loan agreement to the contrary. If all of your payments were up do date you should request a return of the vehicle immediately and if the bank does not comply you can sue them.

 

Dave Kennett

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27685
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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