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Car repossession process

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Car repossession process
Submitted: 3 years ago.Category: Legal
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Answered in 10 hours by:
5/27/2015
Lawyer: Sam, Attorney at Law replied 3 years ago
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,012
Experience: More than 20 years of experience practicing law.
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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
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Customer reply replied 3 years 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?
Lawyer: Sam, Attorney at Law replied 3 years 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
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Lawyer: Sam, Attorney at Law replied 3 years 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.
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Customer reply replied 3 years 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?
Lawyer: Sam, Attorney at Law replied 3 years 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.
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Lawyer: Sam, Attorney at Law replied 3 years ago
Please see THIS LINK for more information
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Lawyer: Sam, Attorney at Law replied 3 years 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.
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Customer reply replied 3 years 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?
Lawyer: Sam, Attorney at Law replied 3 years 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.
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