Legal Question in Credit and Debt Law in Virginia

My mother just yesterday had her car repossessed. We missed one payment in August but paid it as soon as possible and the loan is not in default. The loan company stated that the car was not taken because of the late payment but because her insurance had lapsed which my mother called State Farm and they told her there were no lapses at all and the insurance company called the loan company(owner owns both dealership and loan company) to find that they repossessed the car not because of the imaginary lapse and that it was an error but to get the car back my mother would have to provide proof of residency, income, and fill out a new credit application and that they would think about giving it back. She then called consumer affairs of Virginia and they gave her the number to the dealer licensing board and they called the dealership and got the same answer but stated "he" would have to give the car back if she did all that he asked because her number changed and they couldn't call her and after repeated letter with no responses(which she only received one yesterday after the repossession) that the contract states if they cannot contact her they can take the car back and that she would have to pay "fees" to continue the process. Is this legal and if not what can I do.

Asked on 11/09/10, 7:54 am

Michael Hendrickson Law Office Michael E. Hendrickson

0 users found helpful

0 attorneys agreed

Your mother may wish to consider filing a claim for damages in

the local general district court for the amount she has already paid

for this vehicle which could induce the loan company to return it

to her possession as a way of settling the matter.

Answered on 11/16/10, 4:02 am

Keywords

Match Any Match All

Country

State

Area of Law