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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Car repossession process

Customer Question

Car repossession process
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard. Please tell me what you need to know?What state is the repossession in? Thank you
Customer: replied 1 year ago.
It's in Maryland.after me inquiring from the dealer it seems to me it was not a rightful repossession because when I called the repo company they states they didn't have the car.its a small dealership and I believe they carried out the towing themselves.i didn't have a signed agreement with them about how my payments would be or anything about repossession.i called the dealer myself and asked for a payment arrangement but due to the holiday weekend on Tuesday they repossessed the car.i feel they handled it unprofessionally.they are asking me for. 300$ repo fees but I feel I have grounds to forfeit it.what should I do?
Expert:  Sam replied 1 year ago.
HelloThank you.The dealership has a right to tow the car. It does not have to go through a repo company. If you want to forfeit the car, that is called a "Voluntary repossession" You are under no obligation to take it back. HOWEVER, you will still be responsible for your agreement with them And they will sell it and then whatever balance is left after the sale, they can sue you for along with any repo fees, sale costs such as going to auction and attorney fees
Expert:  Sam replied 1 year ago.
So I cannot tell you what to do. That decision has to be yours alone. If you feel that they did something wrong, I suggest you use THIS LINK and file a complaint with the MD Attorney General Consumer Protection Division.
Customer: replied 1 year ago.
I only had 500$ left to pay it off and I had called them and said a date I was to pay the money.i was talking of forfeiting the repo fees not the car.dont I have a right to get a call or a mail or an agreement about possible repossession?
Expert:  Sam replied 1 year ago.
HelloI stand correctedA creditor may:Issue a Discretionary Notice at least 10 days prior to repossessing the vehicle to all signers on the loan by personal delivery or by certified or registered mail. You are not required to pay any repossession expenses if the creditor failed to issue you a Discretionary Notice.
Expert:  Sam replied 1 year ago.
Please see THIS LINK for more information
Expert:  Sam replied 1 year ago.
HelloIn case you did not see my correction A creditor may:Issue a Discretionary Notice at least 10 days prior to repossessing the vehicle to all signers on the loan by personal delivery or by certified or registered mail. You are not required to pay any repossession expenses if the creditor failed to issue you a Discretionary Notice.
Customer: replied 1 year ago.
Okay.let me look it up..though I read that it's not compulsory for a creditor to give the notice in Maryland.could you please clarify that?
Expert:  Sam replied 1 year ago.
Hello
Thank you
The word "may" is used in this context, I suggest because there is no contract with any provision for Repo that you can argue it should have been mailed, especially since you contacted them about making a final payment of your low balance.
However, you can contact the DMV and ask them to clarify the intent of the use of the word "may" in this situation (###) ###-####OR contact the AG as I noted and see what they say. It is ambiguous.