behind on car pmt

[menifeebeth]

What is the name of your state (only U.S. law)? CA I was behind on car payments and was sent a letter by their atty. I called and made a payment arrangement, but they insisted that I enter into a stipulation agreement. We discussed the terms and agreed over the phone. I agreed to current balance, interest, and a specific $ amt for legal fees. I made the next payment as agreed. When I received the paperwork in the mail, it was not the same agreement. The beginning balance was from the previous month, they had additional legal fees and costs. Filing the agreement with the court and costs for that were never disclosed. I sent a letter complaining that it wasn't what I agreed to. I received a voicemail response that pretty much stated that I had to sign or they would proceed with legal action. Can they add whatever they want to a contract and force me to sign? Is there anything I can do? I don't want to lose my vehicle. Can I sign "under duress"? Can I force them to at least correct the balance before signing?What is the name of your state (only U.S. law)?

 

[abys32]

What is the name of your state (only U.S. law)? CA I was behind on car payments and was sent a letter by their atty. I called and made a payment arrangement, but they insisted that I enter into a stipulation agreement. We discussed the terms and agreed over the phone. I agreed to current balance, interest, and a specific $ amt for legal fees. I made the next payment as agreed. When I received the paperwork in the mail, it was not the same agreement. The beginning balance was from the previous month, they had additional legal fees and costs. Filing the agreement with the court and costs for that were never disclosed. I sent a letter complaining that it wasn't what I agreed to. I received a voicemail response that pretty much stated that I had to sign or they would proceed with legal action. Can they add whatever they want to a contract and force me to sign? Is there anything I can do? I don't want to lose my vehicle. Can I sign "under duress"? Can I force them to at least correct the balance before signing?What is the name of your state (only U.S. law)?

Is there some statement on the paperwork saying something to effect that it is an attempt for collection and any communication will be used for that purpose? It could be a lawyer. Then again, it could be a collection company. Let's see what others here have to say, but I don't think you were speaking to the attorney for the lender. The bad news is that the lender could proceed with legal action to collect a debt. Your payment also reset the clock for reporting this debt as a credit problem. Don't worry, it is fixable.

 

[CourtClerk]

Can they force you to sign? No. You don't have to sign anything you don't want to.

Can you force them to change anything? No. They don't have to do anything they don't want to.

However, since you are in breach of your contract, they can pursue all legal remedies, which includes repossession their collateral (the car).

 

[Antigone*]

Is there some statement on the paperwork saying something to effect that it is an attempt for collection and any communication will be used for that purpose? It could be a lawyer. Then again, it could be a collection company. Let's see what others here have to say, but I don't think you were speaking to the attorney for the lender. The bad news is that the lender could proceed with legal action to collect a debt. Your payment also reset the clock for reporting this debt as a credit problem. Don't worry, it is fixable.

OP, when you didn't live up to the original agreement you opened a pandora's box, so to speak. You can either sign the agreement or face the legal consequenses, but your original debt in dollars is no longer a reality. The harder you make things, the more it is going to cost you.

 

[abys32]

Is there some statement on the paperwork saying something to effect that it is an attempt for collection and any communication will be used for that purpose? It could be a lawyer. Then again, it could be a collection company. Let's see what others here have to say, but I don't think you were speaking to the attorney for the lender. The bad news is that the lender could proceed with legal action to collect a debt. Your payment also reset the clock for reporting this debt as a credit problem. Don't worry, it is fixable.

There was a concern about guessing as to whether the person you spoke to was from a collection agency. You can call the lender the lender to verify whether this debt has been discharged to a collection agency. That info may be helpful.

Previous poster is correct. Watch your car!