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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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My sons car was repossessed in Indiana. He never made his

Resolved Question:

My son's car was repossessed in Indiana. He never made his 1st payment because the bank never sent him the information to tell him where or how to make his payment. He is trying to redeem on his vehicle but the bank is telling him that he will have to pay off his loan entirely. They are holding his car for 21 days for him to find another bank to finance him. He has the money for all the payments plus repo fees but they refuse to give it back to him. Can they do this?
Submitted: 4 years ago.
Category: Legal
Expert:  MShore replied 4 years ago.
Thank you for the post, I am happy to assist you by answering your questions. What is the name of the bank?
Customer: replied 4 years ago.
Expert:  MShore replied 4 years ago.
Is this bank in Indianapolis?
Customer: replied 4 years ago.

No it is in St. Joseph, MI.

I did forget to mention that they absolutely refused to put a manager on the phone with him. And he requested three times to talk to one.

Expert:  MShore replied 4 years ago.
Thank you, XXXXX XXXXX is rather easy to find the payment address it is difficult to argue successfully that the inability to discover where to make payment is grounds for relief from the payment obligation. For your reference, the payment address is available here:

"Q:How do I send mail to the Credit Union?

A: Regular Mail: PO Box 125
St. Joseph, MI 49085

Overnight: 2807 S. State Street
St. Joseph, MI 49085"

Therefore the bank's actions are completely enforceable, and it can accelerate the loan.
Customer: replied 4 years ago.
He didn't want payment relief, he is willing to pay what is pastdue plus the repo fees. He just wants his car back. He offered to pay that & they still told him no. So they have refused his payment.
Expert:  MShore replied 4 years ago.
I understand but because he defaulted on the loan, they can accelerate the loan to demand the entire outstanding balance, and do not have to accept anything less than this sum to release the vehicle to him.
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