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I am trying to find out if I paid what I was told was owed…

Good morning I am...

Good morning I am trying to find out if I paid what I was told was owed to bring my car payment up to date can the lender tell me afterwards that I must now pay the balance in full to get my car back?

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

Louisiana but the lender is in California

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

None yet wanted to make sure I had some type of rights first

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Answered in 4 minutes by:
3/23/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,823
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Customer reply replied 4 months ago
Ok I don’t see where you answered my question

Please give me a moment to type the answer.

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Customer reply replied 4 months ago
I would like to text
Customer reply replied 4 months ago
for the $5 I only get what I asked and you telling me how long you have been doing this to get me to call for $59

I am sorry to hear of the dilemma. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

The note and loan agreement control your right to reclaim the vehicle after a repossession. If the note and loan contract state that the lender can call in the entire note for you to reclaim the vehicle, then that is there right.

A written contract can only be amended by a written modification signed by the parties. So, if they verbally assured you that you would not have to repay the entire amount that would not be enforceable unless they did so in writing also.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this, so to speak.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 4 months ago
If I pay the $59 ca you help me

Can you see my answer?

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Customer reply replied 4 months ago
I don’t see anywhere in the context in the contract it saying they can request the entire loan be paid if car is repossessed

Is there something called an acceleration clause? Look under the section addressing "Default" or "Remedies".

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Customer reply replied 4 months ago
No I don’t see it

Then have your attorney send them a demand letter threatening to sue for consumer fraud and breach of contract. If you prevail on a consumer fraud claim you can be awarded punitive damages and attorney fees.

You can also file a CONSUMER COMPLAINT with the Louisiana Attorney General's Office.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

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Customer reply replied 4 months ago
Thank you

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,823
Experience: 30 years experience representing clients.
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Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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