Pawn Shop Repossessed Car

[lolalita]

What is the name of your state (only U.S. law)? Alabama

In August 2011, my boyfriend took out a loan (using his car, which has a value of around $5000) for $500. He made his payments until he lost his job, then he missed one. A few weeks later, without any notice, they took his car. He talked to the owner of the shop, who was very willing to work things out with him. He went and made a payment of $200 about two weeks ago or so, and was going to go make another payment of $200 to get the car back, to which he would *still* have a balance of $500 or so to pay.

The pawn shop owner called him today and informed him that he "wasn't aware" that the towing company was charging $30.00 a day for storage on the car- which was now up to about a grand. The pawn shop owner said that he was going to talk to the towing company and try to negotiate, but that if the owner had to pay it, he would, since it was his mistake for not being aware of the charges- for my boyfriend to call back later that afternoon to see what was going on.

My boyfriend called back, and the Pawn Shop owner informed him that all in all, he now would owe around $2000, and was the car worth that to him? My boyfriend has no way to pay the $1000 he would need to get the car out of the towing shop, and would never be able to catch up at $30.00/day.

Can the Pawn Shop do this? My boyfriend will be going to visit the Pawn Shop tomorrow to talk to the owner, but I just want to be informed before he does. Thanks so much.

 

[Antigone*]

What is the name of your state (only U.S. law)? Alabama

In August 2011, my boyfriend took out a loan (using his car, which has a value of around $5000) for $500. He made his payments until he lost his job, then he missed one. A few weeks later, without any notice, they took his car. He talked to the owner of the shop, who was very willing to work things out with him. He went and made a payment of $200 about two weeks ago or so, and was going to go make another payment of $200 to get the car back, to which he would *still* have a balance of $500 or so to pay.

The pawn shop owner called him today and informed him that he "wasn't aware" that the towing company was charging $30.00 a day for storage on the car- which was now up to about a grand. The pawn shop owner said that he was going to talk to the towing company and try to negotiate, but that if the owner had to pay it, he would, since it was his mistake for not being aware of the charges- for my boyfriend to call back later that afternoon to see what was going on.

My boyfriend called back, and the Pawn Shop owner informed him that all in all, he now would owe around $2000, and was the car worth that to him? My boyfriend has no way to pay the $1000 he would need to get the car out of the towing shop, and would never be able to catch up at $30.00/day.

Can the Pawn Shop do this? My boyfriend will be going to visit the Pawn Shop tomorrow to talk to the owner, but I just want to be informed before he does. Thanks so much.

Short answer: Yes.

 

[lolalita]

Well, thanks for your answer- but that sucks. Businesses should stand behind what they say.

 

[Antigone*]

Well, thanks for your answer- but that sucks. Businesses should stand behind what they say.

Yea, and debtors should make their payments as promised. It is all about causation, and your boyfriend was at the root of this one.

 

[Zigner]

Well, thanks for your answer- but that sucks. Businesses should stand behind what they say.

And people should pay what they agree to pay...what's your point?

 

[lolalita]

I think from up there on your high horses, you are failing to notice the part where I mentioned my boyfriend lost his job. I'm not sure how you guys expected him to make his payment, but as soon as he got a new job he went right back to making payments- as often as he could, not just once a month.

 

[TheGeekess]

I think from up there on your high horses, you are failing to notice the part where I mentioned my boyfriend lost his job. I'm not sure how you guys expected him to make his payment, but as soon as he got a new job he went right back to making payments- as often as he could, not just once a month.

Yes, and when your boyfriend signed the title of his car away with that contract he signed, he agreed that the title loan company could take his car away if he didn't make payments.

So, yeah.

 

[Zigner]

I think from up there on your high horses, you are failing to notice the part where I mentioned my boyfriend lost his job. I'm not sure how you guys expected him to make his payment, but as soon as he got a new job he went right back to making payments- as often as he could, not just once a month.

Your BF said he'd pay...and then didn't, even though he had a legal obligation to.

The business owner said he'd pay, then didn't...but had NO legal obligation to do so in the first place.

What's YOUR point?

 

[TheGeekess]

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/141886.htm

 

[lolalita]

Your BF said he'd pay...and then didn't, even though he had a legal obligation to.

The business owner said he'd pay, then didn't...but had NO legal obligation to do so in the first place.

What's YOUR point?

I'm sorry, i'm not sure what he should have done to pay when he was out of a job? And he did pay- a whole total of 3 weeks late.

As far as the business owner, my point is this- my boyfriend is already paying excessive interest fees, why should he be responsible for the owners lack of knowledge on storing items? It is the Pawn Shop owners responsibility to be knowledgeable about fees from the storage company, not his customers. A storage fee was never mentioned when he talked to the owner about the car being "held"-the owner told him to take his time. My boyfriend has gone above and beyond in repaying his payments now that he is employed, even if he was late *once*.

I came asking for legal help, and instead am met with condescending tones and remarks- I had hoped adults would be above this, and that sympathy and helpfulness was still a quality some people had, but now i'm reminded of why I'm losing faith in the human race.

 

[sandyclaus]

I think from up there on your high horses, you are failing to notice the part where I mentioned my boyfriend lost his job. I'm not sure how you guys expected him to make his payment, but as soon as he got a new job he went right back to making payments- as often as he could, not just once a month.

And your point is...?

The consequence of not paying was that the vehicle got repo'd and stored. Doesn't matter that your B/F lost his job. That's just one major life event that ends up costing people money.

Creditors are NOT charities. They are owed their money despite a debtor's financial situation. The tow shop doesn't care that your B/F lost his job, nor does the pawn shop owner. It's not THEIR car, nor is it their problem that your B/F took out a loan that he could not pay. They just know that a towing and storage bill is due, and that they can keep charging $30/day until the bill gets paid.

 

[floridatortoise]

Pawn Shop Problems

I'm not a lawyer, lola. Saying that, I would ask if you have anything in writing from the pawn shop owner. When someone tells you 500/month that is it 500/month. Not 30/day storage that I "never" knew about PLUS 500/month.

Yes, you missed a payment, but you and your b/f went down in good faith to correct that error.

If you have something in writing that would be far better, since otherwise, it is your word against his.

Don't lose faith in yourself or your b/f though. You'll find a way through this. Sometimes it helps to eat, or play catch, or sit down and watch a movie, or have some quiet time. Then put your heads together and talk to parents, loved ones, or friends. Trust me, you're not alone. All of us are human.

If this thread leads to nothing but harrassment post a new one. Don't give up.

Other than the moral support, maybe you can contact a local agency that monitors pawn shops and businesses of that nature. Any friends in law enforcement or official jobs (city, county, municipal) may have ideas. Maybe you'll find someone you know in your area has had similar problems, and that they have a solution or some better advice than myself.

Good luck, and hope it works out soon.

 

[TheGeekess]

I'm not a lawyer, lola. Saying that, I would ask if you have anything in writing from the pawn shop owner. When someone tells you 500/month that is it 500/month. Not 30/day storage that I "never" knew about PLUS 500/month.

Yes, you missed a payment, but you and your b/f went down in good faith to correct that error.

If you have something in writing that would be far better, since otherwise, it is your word against his.

Don't lose faith in yourself or your b/f though. You'll find a way through this. Sometimes it helps to eat, or play catch, or sit down and watch a movie, or have some quiet time. Then put your heads together and talk to parents, loved ones, or friends. Trust me, you're not alone. All of us are human.

If this thread leads to nothing but harrassment post a new one. Don't give up.

Other than the moral support, maybe you can contact a local agency that monitors pawn shops and businesses of that nature. Any friends in law enforcement or official jobs (city, county, municipal) may have ideas. Maybe you'll find someone you know in your area has had similar problems, and that they have a solution or some better advice than myself.

Good luck, and hope it works out soon.

Why should she post a new one? She'll hear the same answers from the same people. Not our fault she doesn't like the legalities of it all, which is after all, the purpose of this site. We don't do namby-pamby handholding. If it's support she wants for her boyfriend's poor choices, I suggest she go to FB and post it to her friends.

 

[lolalita]

I'm not a lawyer, lola. Saying that, I would ask if you have anything in writing from the pawn shop owner. When someone tells you 500/month that is it 500/month. Not 30/day storage that I "never" knew about PLUS 500/month.

Yes, you missed a payment, but you and your b/f went down in good faith to correct that error.

If you have something in writing that would be far better, since otherwise, it is your word against his.

Don't lose faith in yourself or your b/f though. You'll find a way through this. Sometimes it helps to eat, or play catch, or sit down and watch a movie, or have some quiet time. Then put your heads together and talk to parents, loved ones, or friends. Trust me, you're not alone. All of us are human.

If this thread leads to nothing but harrassment post a new one. Don't give up.

Other than the moral support, maybe you can contact a local agency that monitors pawn shops and businesses of that nature. Any friends in law enforcement or official jobs (city, county, municipal) may have ideas. Maybe you'll find someone you know in your area has had similar problems, and that they have a solution or some better advice than myself.

Good luck, and hope it works out soon.

Thank you very much, florida. I appreciate you talking to me like I am a human being, and giving suggestions. I may be upset over nothing, maybe after my boyfriend talks to the owner tomorrow things will look up. Right now, it just sounds like he wants to sell my boyfriends car. Like i said before, thank you so much for showing some compassion, and suggesting the things that you did.

Why should she post a new one? She'll hear the same answers from the same people. Not our fault she doesn't like the legalities of it all, which is after all, the purpose of this site. We don't do namby-pamby handholding. If it's support she wants for her boyfriend's poor choices, I suggest she go to FB and post it to her friends.

Don't worry, I won't be posting a new one. I've seen the type of people that this site mostly seems to have...It's not that I "don't like the legalities", it's that no one has bothered actually explaining any of it to me- they're to busy posting snide comments. A little support would be nice, although it really pisses me off that you are all acting like my boyfriend blew his payment money on booze and hookers, when it was really something he couldn't control.

 

[xylene]

Most states sensibly prohibit this garabage.

Yea, and debtors should make their payments as promised.

Bbusinesses should be barred from even being allowed to make usurious loans.

This is a legal issue in that poster needs to lobby the government to prohibit this.

Otherwise it is legal.