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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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The finance compaqny repossesed our car last thursday. Received

Customer Question

The finance compaqny repossesed our car last thursday. Received a letter on Munday stating that they would be selling the cr after Monday April 4th. When I called it was stated that they had to send the letter but that we had 10 days to get the car back before it goes to auction. Today is 7 days, we paid the amount owed and supplied them with additional information as thry requested. Yet when it came to my husband getting the car back, they tell him that they have already sent the car to Orlando to be auctioned and if he wanted it he would have to pay a fee to get it back, some $300+ dollars.
Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Unfortunately, they are allowed to charge you reasonable storage fees. $300 may be a little high, however. Here is what I would do if I were in your shoes: I would pay the $300, get the car back, then file a small claims lawsuit for $300. That way, you have the car, and hopefully, you'll get a judgment for $300. If you refuse to pay the $300, then you could end up losing the car until this mess is sorted out. Even if you are in the right and eventually win the legal argument, that would be a headache that is not worth dealing with.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

Customer: replied 3 years ago.
No, the point is that the infomation we were given led us to believe that the car would not be sold until after 4/4/11. As it turns out it appears that they shipped the car to Orlando as soon as they got it back. We had 10 days to make the payment. We paid it in 7 days.
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

I thought the issue is that they are charging you $300 to get the car back.

Has the car been sold?
Customer: replied 3 years ago.

I don't know. I only know what they tell. Most of which I don't believe. These people are vultures We have paid them what we owe them, we have provided the additional information they requested and now we want our car back. We work everyday, we don't have time to drive to Orlando. The car should be here in Jacksonville where at most we might have to pay a service fee. But us driving to Orlando, driving back, requiring 2 cars, gas and whatever god awuful fee they are going to charge is riduculous and unfair. If you can not help me then just say that, I don't want to keep answering questions without getting some solid information as to whether or not I have any legal options

Expert:  TJ, Esq. replied 3 years ago.
Hi again. I already did answer you with a very specific option:

"Unfortunately, they are allowed to charge you reasonable storage fees. $300 may be a little high, however. Here is what I would do if I were in your shoes: I would pay the $300, get the car back, then file a small claims lawsuit for $300. That way, you have the car, and hopefully, you'll get a judgment for $300. If you refuse to pay the $300, then you could end up losing the car until this mess is sorted out. Even if you are in the right and eventually win the legal argument, that would be a headache that is not worth dealing with."

Doing the above will be the easiest to resolve this issue if the repo people refuse to voluntarily give you back the car without paying the $300. If you refuse to pay the $300, and then the car is sold, then you can certainly sue ... but that is quite a bit more trouble on your part, right? You'll go much longer without a car, your credit may be ruined while you wait for the outcome of the lawsuit, and you may be sued yourself for the unpaid loan. If you pay the $300 and get the car back, then you can sue without that extra pressure. In your lawsuit, you can include the money spent driving to/from Orlando.

I'm sorry if you believe that to be unhelpful, but if you're looking for a way to force the repo people to voluntarily give you back the car without having to either pay $300 or without suing, then I'm sorry to say it's impossible. You obviously can't use violence to get your way. So you either need to persuade those people with money, or file a lawsuit (or both, as suggested above). That's what the courts are for.

Please remember to click "accept."

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