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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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Car purchased and I live in Mobile, AL. Car repoed tonight.

Customer Question

Car purchased and I live in Mobile, AL.

Car repoed tonight. Originally pay car off in one month per contract (treat as a cash deal for car $6,600). BUT... salesman signed list of things wrong with the car initially and to be fixed. Autogallery was to fix the interior side compartments and give 3 month warranty on A/C. Took 2 full weeks to give me my car (A/C fixed and attempted to fixed compartments)

Starting pay once a week. Paid 3 of the 4 notes. Waiting on my ordered compartments and to get my A/C fixed (it would sometimes for no reason stop working).

Had no idea, but Autogallery came and repoed my car. I literally called maybe 15 times last week in an attempt to speak with Al, the salesman. But did not return my call.

Now I do NOT want the car back but ALL of my money instead. We are about on week 6 (including the 2 weeks it was kept). I have work tomorrow and I am suffering a loss.

Am I just at a total loss for the 5K plus I paid? Can I get my full refund back?
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your question.Unless you can resolve this and get car back then I am afraid they can keep your payments and the vehicle.If you still owe them money her on the note after they sell it they may come after you for deficiency judgment.The note here control your rights and liabilities for the vehicle.I would stay after them here if you want vehicle back otherwise they will find you seeking deficiency here.Bankruptcy would be an option if they try to collect nay deficiency on the note here.
Customer: replied 4 years ago.
what about Right to Redeem laws.
Expert:  Ray replied 4 years ago.
There just isn't any redemption law here in Alabama for a used car.See what you can talk the dealership into here.If they even offer to split repairs I would take it here.
Customer: replied 4 years ago.
Im sorry. I do not mean to be bothersome but I want to understand exactly what my rights are. Please speak clearly and concise.

Do I have a right to pay the full balance (my intention from the beginning) and retrieve my car tomorrow (repoed Sat night).

Can they legally say, "you were deliquent, therefore we do not have to deal with you anymore and all money vested is now ours?"

Can I legally retrieve my car or monies vested period?

I do appreciate your help, after this reply, I will have all the info I need to talk to them in the morning when they open up.
Expert:  Ray replied 4 years ago.
Do I have a right to pay the full balance (my intention from the beginning) and retrieve my car tomorrow (repoed Sat night).
If they will accept it and let you pay.If you are delinquent they can accelerate here.

Can they legally say, "you were delinquent, therefore we do not have to deal with you anymore and all money vested is now ours?"Yes but usually if you can pay off the note they will accept it plus late fees.

Can I legally retrieve my car or monies vested period?Not unless they agree to let you pay off and get your car back here.The terms of the note control your rights and obligations.

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