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Hello. My name is***** am a Florida licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.
Unfortunately, an auto finance company can repossess a vehicle, even if the borrower is only few days late with the payment and such repossession can be ordered anytime that auto loan account is past due at the finance company discretion.
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I wish you the best of luck and God bless you!
Thank you for your follow up.
Why do you think the finance company has to provide you a 10 day notice?
How did finance company misappropriated your payment?
I think you might be considering the 10 day notice with the 10 day notice to cure, however, there is no legal requirement for the auto loan company to provide 10 day notice before repossessing the vehicle and in fact most auto loan companies do not provide such notice, since it would give the borrower a chance to hide the vehicle or take vehicle out of state in an attempt to avoid ordered repossession.
As far as the payment, this is something that would have to be inquired about with the loan company accounting / billing department and it is likely that they will be able to locate the payment and will apply it to the borrowers account, however, if the borrower was past due on any amount at the time of the repossession, the auto loan company does have the legal right to repossess the vehicle.
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