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Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

California and NO

Lawyer's Assistant: What steps have you taken so far?

Nothing I just have some general questions about what are my options.

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

No just looking for information on how to handle my situation legally

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Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 5 months ago
I had a car loan with a company, I missed my first payment and paid late. I did pay the next month also. The finance company said that all payments were sent back to the car lot that I had bought it from, being that they had to buy it back from the loan company. The car lot said they had been trying to reach me but had failed. They said they haven't tried in a while. I just saw an email from them dated back in DEC 2017 to give them a call. I contacted them, they told me to return the car and it has a repo on it. What are my steps to not have to turn the car back and continue to pay someone. Or what is the process to where I can keep my car.
Customer reply replied 5 months ago
I had a car loan with a company, I missed my first payment and paid late. I did pay the next month also. The finance company said that all payments were sent back to the car lot that I had bought it from, being that they had to buy it back from the loan company. The car lot said they had been trying to reach me but had failed. They said they haven't tried in a while. I just saw an email from them dated back in DEC 2017 to give them a call. I contacted them, they told me to return the car and it has a repo on it. What are my steps to not have to turn the car back and continue to pay someone. Or what is the process to where I can keep my car.
We can handle it through text, if this is going to take a day or two.
Answered in 38 minutes by:
3/15/2018
Troy Gorman
Category: Legal
Satisfied Customers: 8
Experience: Attorney at Gorman Law Group, P.C.
Verified

First, you need to look at your loan agreement, and see what it says with regard to late payments. Second, it does not make sense that you have made payments up to date, but that they still intend to repossess the vehicle? Generally, it takes much more than being late 1 month before a lender will take steps to repossess a vehicle. At this point, I would send a letter to the dealership and/or lender via certified mail indicating the fact that you are current on your payments and intend to continue to pay the payments as agreed. If you do not have a bank that holds the loan, you can send them directly to the dealership, or you can put the payments in an escrow account to keep them until the dispute is resolved. If you set up the escrow account, make sure that you reference that in your letter. If they refuse to accept the payments, they will eventually repossess the vehicle and will sue you for the balance owed plus the expenses of the repossession and collection. If you have sent them the letter, and proof that you sent them the payments or put them in an account if they were not accepted, you may be able to convince the judge that they have wrongfully repossessed the vehicle, and can rule in your favor in part or in full. If they refuse to accept the payments that you send them, and you would rather not wait until they repo the vehicle, you could also file a lawsuit yourself and ask the judge for an order making them accept the payments and to prevent them from repossessing your vehicle. I hope I have answered your questions, and that you can give me a good rating. If not, or if you have another question, please contact me again. I wish you luck with this!

Troy T. Gorman, Esq.

Troy Gorman
Category: Legal
Satisfied Customers: 8
Experience: Attorney at Gorman Law Group, P.C.
Verified
Troy Gorman and 87 other Legal Specialists are ready to help you
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Customer reply replied 5 months ago
sorry for the misunderstanding, I am not current with them. The original loan office does not have my loan anymore. The car lot bought back the loan so I am in possession of the car but I have not made a payment in 2 months, because the original loan office does not have my loan anymore. So in reality the car lot is back to owning the car. I spoke with them today and they were the ones who said they have a REPO out on the car.
Customer reply replied 5 months ago
You are still here Mr. Troy Gorman... R U...lol
sorry for the misunderstanding, I am not current with them. The original loan office does not have my loan anymore. The car lot bought back the loan so I am in possession of the car but I have not made a payment in 2 months, because the original loan office does not have my loan anymore. So in reality the car lot is back to owning the car. I spoke with them today and they were the ones who said they have a REPO out on the car.

Ah I see. Then I would still follow the efforts with the letter and offering to send the payments directly to them. You may want to find out if they would be willing to make a new agreement, for perhaps some late fees paid to them, or if they would be willing to find another lender for you. You could also try and get a new loan through your own bank with a pre-approval and buy the car from them, if you really want to keep it. If they repossess the vehicle, it will cost you money in fees and cost and will damage your credit significantly. Hopefully they will be reasonable, and work something out with you. I hope this answers your question, and that you can rate me well. Please feel free to contact me again with any questions. Thanks.

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Customer reply replied 5 months ago
thank you for that info... My last question ... How long does someone have to due a repo... an it go away eventually.. or the car can be repoed 5 10 years later... so my question is ... is there a time limit to when a repo can happen.

Generally speaking, someone would have 6 years to complete a repossession before it would be considered abandoned due to a 6 year statute of limitations on breach of contract cases. I hope this answers your question, and that you can rate me well. Good luck.

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