Legal Question in Consumer Law in California

leased car being repo'd. we are looking at options to get it back. however, being told different things by different people and wondering what our options were and who we listen to. spoke with repo guy. he said if car is returned to him, he will work with volkwagon (vw) and change lease to loan. then, we can get car back and start paying monthly payments to own the car. however, when we talked to vw, they said, they have never heard such a thing. the only way to keep car is to pay $15,000, which is an amount we don't have. if we just give up the car, what happens to our credit, will there be other fees we have to pay?


Asked on 12/21/10, 10:46 am

1 Answer from Attorneys

NEVER LISTEN TO A REPO GUY. He only wants to repossess the vehicle. If you cannot work out something with the lessor, chances are you are not going to work out anything. Ask the lessor how much the lessor wants for you to buy the vehicle. Then, if you qualify to purchase the car, go to your bank or credit union and apply for a car loan and purchase the car. If you are $15,000 behind on your lease, chances are you are not going to qualify for a loan with the bank.

If you give up the lease, you will still owe the lessor the money you owe them already and through the end of the lease term, less a certain minor amount that the lessor will earn by selling the vehicle at bargain basement rates at a wholesale auto auction.

The lessor is at an extreme advantage here. You owe them until the end of the lease term, and if you have gone over your allotted mileage, you will owe them for that too. They can sell the car at a reduced rate at the auto auction, and the meager balance that they sell it for at the auto auction will be applied to any moneys that you owe them. Meanwhile, if you are late on your lease payments, chances are your credit is already going downhill, but it will definitely be rock bottom when they obtain a judgment against you for the deficiency on the lease. Before you do one more thing, I urge you to contact John Hanson at 858-451-0291.

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Answered on 1/06/11, 9:51 am


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