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Repo?Please Help????

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C

carless in TX

Guest
I need help desperately knowing what my rights are regarding this repossession. I spoke with the car lot this morning they said I need to pay this months payment, next months payment (Nov.) and the repo charge of $125.00 in order to get the car back. I plan on doing this monday but because the business is in another county I need to know if I will need to file against them in JP court in the county that the business is located in, or in the county I reside in and the repo took place. That is, if I have any grounds based on the facts that I posted previously to even sue them. Also if I do have grounds to sue them in small claims court do I need to specify what the state laws are regarding this matter that I feel they were wrong in doing? Please, Please help ...
 


T

Tracey

Guest
I don't think you have grounds to sue them. Unless the contract you signed said your payments had to be x days in default before they could exercise their statutory remedies, they acted legally. The oral agreement to give you more time was probably not enforceable. It's only cost you $125. Just pay it. They could have sold the car to someone else & kept your money, you know.

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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. [email protected] - please include some facts so I know who you are!
 
L

LadyBlu

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
I don't think you have grounds to sue them. Unless the contract you signed said your payments had to be x days in default before they could exercise their statutory remedies, they acted legally. The oral agreement to give you more time was probably not enforceable. It's only cost you $125. Just pay it. They could have sold the car to someone else & kept your money, you know.

<HR></BLOCKQUOTE>

She had said that the promissory note didnt say anything about due dates etc.

[Qote]I have a car that I am 20 days delinquent on the payment for. They came and repo'd it while I was in the shower today. This is a in-house financing and I have never received notice of delinquency. I spoke with the owner of the lot on last friday explained I could get the payments caught up next week when I get my next check, he ok'd it and also said that to releive me of some of the burden they could arrange my payments to be the 1/2 amount to be paid every two weeks like I did on another car I purchased from him.(never had these problems before or I wouldnt have went there two times) I am dealing with a new salesman this time also.
Now the main question I have is that the contract does not have anything on it except the amount tobe financed, with all the breakdowns, then the payment terms described as 12 monthly payments at $202.20 each commencing on 7-1-00. There is nothing on this paper anywhere or on any others that I signed and have copy of that states that if I am to fall behind on my payments what the recourse would/could be. Can I take this matter to small claims court after/if they allow me to get my car back next week by bringing the payments current. Next can they demand the balance of the loan to release the car?
Any advice/suggestions would be greatly appreciated.[/Quote]

[This message has been edited by LadyBlu (edited October 21, 2000).]

[This message has been edited by LadyBlu (edited October 21, 2000).]
 

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