Legal Question in Business Law in California

My Auto Loan Company is withholding my title because they are claiming that I owe a late payment fee and accrued interest from 12/08. In 12/08, they prematurely repossessed my car due to me sending my payment to a location they had closed but hadn't removed from their website or letterhead. That situation cost me about $900.00 to recover my car that I shouldn't have been charged, including a late fee. I received the original letter/check, post-marked, confirming that the letter was sent 13 days prior to my actual due date and that the address was unknown. They have not sent any invoices/statements; and when I called to confirm my payoff amount prior to me paying the final payment, they didn't mention anything at that time either. Should I retain a lawyer or take them to small claims court? I was willing to look past the $900.00 because I would have been finished with them, but now that I am having to do all of this I would like to recover that amount AND my title. Is this rightfully due to me?


Asked on 1/05/11, 12:44 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd vote for small claims - that will result in a settlement, either voluntary before the hearing date or by judicial decision afterwards. Obtain and study a self-help law book covering California small-claims procedures.

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Answered on 1/13/11, 5:49 pm


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