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I had a car repoed several yrs ago,now iget ajudgement in…

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I had a car...

I had a car repoed several yrs ago,now iget ajudgement in the mail.after the case was settled,at that time iwas changing jobs,imsingle supporting myself. iwas on the phone to the finance company,and ask her if icould have my loan rewrote,since my vehicle was half payed for,iwas alittle short that month my full payment was 250.00 iwas able to give her 160.00 which she accepted,itold her iwould have the rest in afew days when my income tax check came in,after she took money,atow company sneaked and took my car,so did the creditor commit a breach of peace?

Lawyer's Assistant: What state is this in? And how old is the car?

California gosh have to think

Lawyer's Assistant: Has anything been filed or reported?

Seems like its been over 10 yrs since this occured the car was around 5yrs,when i purchased

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The finance co was a high risk, well yea probably

Submitted: 8 months ago.Category: Legal
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Answered in 19 minutes by:
11/20/2017
Lawyer: Lucy, Esq., Attorney replied 8 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A breach of the peace occurs when the creditor uses physical force to reclaim a vehicle, threatens to use force, physically blocks the consumer from using the vehicle or forces the owner to exit, breaking into a locked building like a garage to get it, or threatening to arrest the owner. It's unfortunately not considered a breach of the peace to repossess the vehicle after accepting an alternate payment plan.

It would be considered a breach of the settlement agreement the two of you made if she agreed to give you more time to pay and accept lower payments. However, that cause of action falls under breach of contract, not breach of the peace. And that means you would have needed to file a lawsuit against the creditor without 4 years of the date of the repossession. It's too late to take any action against them now.

I realize that you may be disappointed by this Answer, as it is not entirely favorable to your situation. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Please rate my answer positively so I get paid for the time spent answering your questions. If you're on a mobile device, you may have to scroll to the left. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 8 months ago

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