Illegal Repo

[helpiniowa]

The purse was left in the vehicle because she forgot it when she got back from luch, just grabbed her backpack full of homework.
Your link didnt work but I was able to find the section you were talking about. But from what I read that I was never served according to the rules of civil procedure, because I never got a certified letter or a sheriff stopping by. So wouldnt that mean I was never notified and the 365 days hasnt sttarted yet?
And they do have to give me notice, and cant breach the peace so they have to give me all info.

 

[seniorjudge]

The purse was left in the vehicle because she forgot it when she got back from luch, just grabbed her backpack full of homework.
Your link didnt work but I was able to find the section you were talking about. But from what I read that I was never served according to the rules of civil procedure, because I never got a certified letter or a sheriff stopping by. So wouldnt that mean I was never notified and the 365 days hasnt sttarted yet?
And they do have to give me notice, and cant breach the peace so they have to give me all info.

...
2. A creditor who believes in good faith that a consumer is in default may give the consumer written notice of the alleged default, and, if the consumer has a right to cure the default, shall give the consumer the notice of right to cure provided in section 537.5111 before commencing any legal action in any court on an obligation of the consumer and before repossessing collateral. However, this subsection and subsection 4 do not require a creditor to give notice of right to cure prior to the filing of a petition by a creditor seeking to enforce the consumer's obligation in which attachment under chapter 639 is sought upon any of the grounds specified in section 639.3, subsections 3 to 12.

When property is attached without the giving of notice of right to cure as permitted by this subsection, the creditor immediately shall give notice of the attachment to the consumer in the same manner as prescribed by the rules of civil procedure for service of an original notice. The notice shall advise the consumer that the attachment may be discharged by the filing of a bond as provided in sections 639.42 and 639.45, or by the filing of a motion with the court to discharge the attachment pursuant to section 639.63. The notice required by this paragraph is in lieu of the notice requirements of sections 639.31 and 639.33.
,,,

You need to read the whole thing again a little more closely.

www.legis.state.ia.us/IACODE/1997SUPPLEMENT/537/5110.html

 

[helpiniowa]

Maybe I am missing something but i re read all that and it still seems to me they have to gie me notice to cure???????

 

[CourtClerk]

...
2. A creditor who believes in good faith that a consumer is in default may give the consumer written notice of the alleged default, and, if the consumer has a right to cure the default, shall give the consumer the notice of right to cure provided in section 537.5111 before commencing any legal action in any court on an obligation of the consumer and before repossessing collateral.

The bolded seems to be very important.... there is a big difference between may and shall..

So, they may send you a written notice, however, IF you have the right to cure (if they decide you do) they SHALL send you such a notice before they commence legal action or repoing the car. Perhaps they decided they didn't want to give you a right to cure.

 

[helpiniowa]

I did get the may and shall, but I do have the right to cure per state law and their own contract. 20 days I believe.