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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18613
Experience:  B.A.; M.B.A.; J.D.
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My car was repossessed in the state of California back in april

Customer Question

My car was repossessed in the state of California back in april 2015. As of today i still have not gotten served or mailed any notice of the repossession or any intent to sell. The lender has all my current contact Ii formation which is the same location where car was repossessed. They have not callled or made any attempts to contact me about selling the car or offering a way for me to repay the debt. I am mot interested in getting the car back, but dont i have a right to make them sell the car to pay my debt? Instead it is just sitting at their repo lot while they continue to damage my credit every 30 days for non payment and keep tacking on late charges. I know that if they were to sell it at auction it would pay most if not all the balance that i owe. How can i resolve this?
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Regrettably, the lender has no legal obligation to sell the car immediately after repossession. The lender would sell the car at its convenience. You would be given a notice after the property has been disposed of. See California Commercial Code Section 9610 and Uniform Commercial Code Article 9 Section 9-610: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=com&group=09001-10000&file=9601-9629 https://www.law.cornell.edu/ucc/9/9-610
Customer: replied 1 year ago.
I read up on california laws and asked a few local lawyers and was informed that i am to be notified 15days prior to the sale of the car because i have the right to repurchase it if i so desired. Also that the lender must sell the car within a reasonable amount of time because they do not have a right to keep dinging my credit every month and tacking on late fees since they have collected their collateral as of april. In addition if the car is sold for more than what is owed they must pay me the difference. Although that us not common at auction sales. Im suprised that your answer basically is saying they can keep ruining my credit every month and keep adding fees when they now possess the car? How is that legal? And why do i have no right to terminate and close the contract since they possess the collateral?
Expert:  Phillips Esq. replied 1 year ago.
You need to ask those Attorneys that you spoke with to cite specific California Statute or UCC just like I did to back up their response to you. I have nothing else to add. So, I will opt out and give another Attorney the opportunity to further assist you.