Automobile repossess

[mitchell]

Can you tell me the laws in TX on repossession of an automobile( Re: how many months behind do you have to be. I was one month. Also what are the laws on harassment from a company in which you owe money to.
Can they call you on sunday 7 times after you have told them that you have sent the payment.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

As to your first question of repossession, I am going to give you a couple of avenues to research:

Try www.bbb.com
(this is the better business bureau)

Try going to the freeadvice.com homepage and click on state statutes and try texas and go from there.

As to creditors harassing you, I am going to give you an answer from a former bulletin board poster who left a great message:

1) Read the FDCPA (Fair Debt Collections Practices Act) at the following website: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
You will clearly see what these scumbag debt collectors can, and more importantly CAN'T do to you. When and if they contact you again, make damn well sure that they know that YOU KNOW the FDCPA!!! Do NOT fall for their unscrupulous tactics. They will tell you ANYTHING to try to get money or a check from you!! Don't believe them. Finally, if you do owe the original debt, send your payment directly to the ORIGINAL debtor. If you are paying in full, get a written release from the debtor BEFORE making payment. It can be a very simple form... "Upon receipt of payment of $_______ the debt owed by (you) to (them) will be paid in full and all claims are released." Then make a copy of the check or money order before sending it to the ORIGINAL creditor.

 

[TxBlu]

Had the same thing happen to me last month, the repo man showed up on the 20th day of my delinquency and I refused to release the car to him, he left havent seen him since... it was on a 3day weekend and went and made the payment on Tuesday. From experience in the state of TX if it is a In-House loan, they can do whatever they want basically... it is their car and their money, till you pay it off that is... unless you contact the AG office and have other buyers that have the same complaints or more the AG can file a suit against them for deceptive practices.

 

[Tracey]

Calling repeatedly with intent to harrass is illegal under the FDCPA. [15 USC 1692] Start taping all calls from them (tell them you're taping at the beginning of the call). File a complaint with the AG. If they persist, sue them. You are entitled to actual damages (financial/mental distress/embarrassment if they contact others) + up to $1000.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[mitchell]

First, I want to thank all three of you for taking the time to reply to my message, it was very nice of you all. Second, I have another question. I am not sure if my car loan is considered an in-house loan or not. I purchased my truck from a dealer here in TX. but four months ago they went out of business and they sold my note to a company out of CA.
I never had a problem with the company here in Tx and was never late, yet when this company in CA. bought it they right away started sending me notices claiming that I was one month behind. Right away after receiving this notice I contacted them and told them that I was not behind. They asked me to fax them a copy of my reciept showing were I had made that payment, I did so (right then).They are now saying that until they recieve that last payment made to the company here I will be responsible for it as well as all the late charges and interest on the payment. They have also stated that if I were to pay my truck off I will have to include this payment and charges or they will not release my title to me. I have tried to contact the company here but there is no trace of them. Do I have to make this payment again along with these other charges.

 

[TxBlu]

Sorry about that, when I talk fo in-house loans I am talking about a loan that the car dealership carries, not a bank or financial institute. Is it a used truck or new? Alot of times you can contact the Attorney General and have them investigate the prior owner of your note to see why you are being double charged for the note you had paid.
Check out the state website below and most of the consumer protection laws are online, and you can file a complaint to John Cornyn via email, and he does reply, or rather has a staffer that replies and will guide you in the right direction, you may also want to contact the BBB and file a complaint there.
Good Luck http://www.state.tx.us/Law/

 

[Tracey]

They are wrong, dead wrong. They bought the note & didn't check the figures to make sure they received all the past payments they were supposed to. Furthermore, until someone notified you to start sending your payments to a new address, you were correct to send them to the old address. The new company's recourse is to file theft/fraud charges agaisnt the old company. YOU only have to make your payments once. Have an attorney write them & tell them to back off or you'll sue under the FDCPA.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.