Well i was at a store and the people that sold me my car said we havent been paying on it, so they took it but we were done paying it off we were just waiting for the title and they took my car without repo papers they gave us 10 days to come up with the money but when we called them like as soon as we got there letter, which was like only 3 days, they said your vehicle and its contents were disposed of....What can i do becasue they didnt give me repo papers.....they said they were going to take off $2,000 because the transmission was going out, and thats how much money they wanted when they sent me the letter, but it wasnt written when he said he was going to take $2,000 off it was a verbal agreement over the phone cause he was out of town .....and they didnt give us 10 days please tell me would i be able to win if i took them to court????
2007-05-16 04:14:20 · 7 answers · asked by antuinej20 2 in Politics & Government ➔ Law & Ethics
Wait wait wait... there are SERIOUS issues if a creditor exercises self-help and repossesses property without authorization from a court. I don't quite understand your hypothetical here, but you said that you were "done paying it off." So why was there repossession? Did they make an error? What's teh $2,000 for? You were TOLD that they took a $2000 discount because of a bad transmission, so you stopped paying?
Yes, it's a hard sell when you've got a different price in writing. But if you were told this AFTER you signed, you may have a case. Plus, repossession and disposal with no written notice is usually a no-no in many places.
YES seek legal help. This is the kind of case where an attorney can seek attorneys' fees for the defendants' wrongful conduct, so talk to a plaintiff's "debtor's rights" attorney. They probably will give you a free initial consultation and will likely take the case on "contingency" (meaning you pay costs like the filing fee, but they don't get paid unless you win.)
Good luck.
2007-05-16 04:54:08 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
doubt it. you can't prove a verbal agreement. if it's in writing then it's legal. you should have receipts for your payments. if you don't, you are screwed. they can claim anything they want. when i was making payments, i used checks. the bank would have verified any dispute as to where my money went. as far as repo papers, my friend does them. they don't have to tell you in advance that they are taking your car, because you signed a contact saying that you would keep up the payments, if you don't they can seize the vehicle. that is your prior notice. this dealership sounds shady, just cut your losses, and move on.
2007-05-16 04:23:50 · answer #2 · answered by richie 2 · 0⤊ 0⤋
you may have a case if you can prove that you paid for the car. for example, obtaining copies of the cancelled checks from your bank. you'll also need a copy of the sales agreement. that way, the judge can see how much you had to pay and how much you did pay.
2007-05-16 04:26:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
There's an old saying "If it's not in writing...it never happened!"
Check the written contract which is what a judge will do!
Best wishes!
2007-05-16 04:19:02 · answer #4 · answered by KC V ™ 7 · 1⤊ 0⤋
I would consult a lawyer, over the phone, so that you don't get screwed again! However, it is unfortunate that you had nothing in writing, and a judge will most likely rule against you in a court of law. Sorry.
2007-05-16 04:22:30 · answer #5 · answered by Moody Red 6 · 0⤊ 2⤋
they should have given you repo papers, so technically they stole your car... you should be able to get some of your money back but i dont know if youll be able to get it all...
2007-05-16 04:28:08 · answer #6 · answered by Kain 2 · 0⤊ 0⤋
You got massively owned, I would go over and kick his butt.
2007-05-16 04:18:08 · answer #7 · answered by Anonymous · 0⤊ 2⤋