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  1. #1
    marquezed1 is offline Junior Member
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    auto title loan contract

    i fell behind on an auto title loan,an agent called me and offered to garnish my monthly ssi payments to repay the loan,i accepted,isnt this an "offer & acceptance",a legally binding contract,i have this conversation recorded on my cell phone,how do i enforce this contract because the recovery department are using other methods to repossess my vehicle,including reporting the vehicle stolen under california penal code 154 and 504a
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by marquezed1 View Post
    i fell behind on an auto title loan,an agent called me and offered to garnish my monthly ssi payments to repay the loan,i accepted,isnt this an "offer & acceptance",a legally binding contract,i have this conversation recorded on my cell phone,how do i enforce this contract because the recovery department are using other methods to repossess my vehicle,including reporting the vehicle stolen under california penal code 154 and 504a
    Actually, by law, SSI payments CANNOT be garnished. If those funds end up in your bank account, then a garnishment might be able to be executed, but only if the funds are not clearly identifiable as SSI benefits.

    It looks like the person who agreed to garnish these funds wasn't aware of the law, and when they tried to execute the garnishment they found out they couldn't do it. As such, they would be entitled to repossess the vehicle or take any other actions legally allowed to collect the debt.
  3. #3
    swalsh411 is offline Senior Member
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    The vehicle isn't stolen. That's lubricious. You have just fallen behind on their loan. Any recourse they might have would be civil. The police aren't going to care.
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by swalsh411 View Post
    The vehicle isn't stolen. That's lubricious. You have just fallen behind on their loan. Any recourse they might have would be civil. The police aren't going to care.
    Agreed. The vehicle isn't being stolen, it's being REPOSSESSED. It's an entirely different thing. As long as the repo man has filed the proper documentation with the local police department, then the police aren't going to do a thing - and if you try to file a report for a stolen vehicle, they will likely laugh you right out of there.

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