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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110425
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was taken from my car by ambulance to a local hospital. I

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I was taken from my car by ambulance to a local hospital. I was unconscious and on life support for three days and in ICU for a few more days. The lender was notified that the car was being towed as I was unable to make decisions for several days. The lender added almost a $1000.00 and still accruing fees for towing and storage and demanded that I pay the entire amount or my car would be sold at auction. I was late on my payment, but an agreement had been made to catch up payment. This agreement was abandoned by the lender when the car was towed. I have been unable to pay the fees and the loan as a whole. Is it legal to roll the fees into the loan payment, demand repayment on the entire amount? Is it legal to change our agreement, which I could have kept had the lender not added in the fees? The lender keeps telling me that they have no idea why I left the car where it was though they have been told verbally and in writing by myself and boyfriend who was trying to take care of the situation at the time. When I asked them about their rights to do this when I was in a serious medical state (coma) and there response was "We have no idea why the car was left where it was." they kept cutting me off and stating they wanted the money I owe them and said "this is what we know." I am trying to get the money together by withdrawing money from my retirement account, but the lender is unwilling to wait and the deadline before they sell it is fast approaching. I have kept full coverage insurance on the vehicle and maintained it according to manufacturer instructions, which I would not have done had I been intending to just default and let the vehicle go. In fact I have paid insurance premium while the car has been held at an auction lot by the credit union. Do I have any recourse by law to stop the sell and pay the debt?
Thank you
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Please clarify for us, was the car repossessed because you were delinquent on payments at the time you had this serious medical condition occur?
Customer: replied 3 years ago.

No it was not. thanks

Thank you for your response.

Why is the lender adding fees in then if the car was towed by someone else? Something is being left out about the towing situation that you please need to fill in for us and clarify.
Customer: replied 3 years ago.

I am not sure how to respond using the online expert so will answer in this forum. The Sheriff called the tow company as I was unable to do so. The tow company called the legal owner (Credit Union) as did my boyfriend once he learned of the situation. The Credit union had the car towed twice to different locations and it ended up on the Auction Lot.

This is exactly how you respond, using Reply. Thank you very much for your response.

The credit union has a right to make you pay for the tow they had to pay for and any storage, but they have no right to repossess your car. At this point, since the credit union is trying to sell off your car for this when they have no legal cause to repossess the vehicle, if they will not cease and desist you have only one remaining option and that is to file a suit against them for illegal repossession (as your loan is not in default they cannot call the loan due in full) and get a court to order a stay of the sale as well.

If the creditor paid for the towing and impound fees they do have a right to make you pay those back to get the car back and it is up to them if they choose to finance it back into the loan or not.

However, you can stop them by filing suit and getting a court ordered stay and that is the only way to stop them now from auctioning the car.

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