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shurmust, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 165
Experience:  I have successfully prosecuted over 50 jury trials advocating on behalf of the government.
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I got a car from the Car Store in Louisville KY and I live

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I got a car from the Car Store in Louisville KY and I live in Indiana. I lost my job shortly after taking possession of the vehicle. There was a deferred down payment of $200 which I was able to pay, but being a father of three as well as a husband and currently no income whatsoever, it has been 41 days and I haven't paid anything other than the deferred downpayment. The schedule was pay $178 every other week. I have told them via email I have been working out of town and had it with me and have been trying to buy time until I could find a job which I have just yesterday, however it will be two weeks before I get any pay. I have asked them to help and work out a payment plan and wait before repo and they will not. They recently even told me they no longer want a payment they want the car. We got a letter yesterday stating I had just 24hrs to give them the location of the car or pursuant to Kentucky revised statute 517.060 that provides one to five years imprisonment and they would indeed pursue legal action. Now i am scared and don't know what to do. If I give the car back I have no way to work. help
I am very sorry to hear about your car problem. I am happy to help resolve this matter.
Customer: replied 4 years ago.
What can be done to resolve this matter? in you answer all I see is the one sentence saying "I am very sorry to hear about you car problem. I would be happy to help resolve this matter". and that's it. So please tell me what can be done my wife and I are very concerned and worried.

It appears as if the creditor, the car dealer is using "scare tactics" in violation of both Federal and State Law.

Generally, under the Fair Debt Collection Practices Act, a debt collector can not threaten criminal action in connection to collect a debt. While, the car dealer may not be a creditor, the Consumer Protection Financial Bureau (CPFB) has extended certain rights against the creditors.


Additionally, under Indiana State Law, a creditor may not threaten to make arrests. Under both Federal and State law you are entitled to a $1000.00 in damages.


I would contact the Consumer Protection Financial Bureau and file a report. Additionally, since you live in Indiana, you are protected by Indiana's consumer protection laws. You may also wish to contact the Attorney General in Indiana and report the illegal behavior. Hold onto the letter and save it. Additionally, you should contact a local consumer lawyer, who will likely not charge you anything, and only collect, when you collect for violative conduct.
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