Legal Question in Civil Litigation in Arizona
My leinholder is holding my car after I made current on my payments and auto insurance. I was a couple months behind and made a verbal agreement to make all payments current. What can I do to get my car back?
1 Answer from Attorneys
Subject to the terms and conditions of the written contract betweeen you and the lienholder,if the lienholder induced you to and you made all the back payments current and obtained insurance as orally agreed with the lienholder you have fully performed all of the conditions pursuant to the oral agreement you and the lienholder may have modified the written contract.
As such, the oral agreement can be enforced by you so you can obtain your vehicle from the lienholder.
I would simple tell him that you would appreciate him keeping his word and that you will stay current on your obligations and you want your car back.
If he refuses I would tell him and immediately sue him for Fraud,Misrepresentation and Unfair Business Practices and file compliants with the Consumer Fraud Section of the Attorney General's Office where you located.
Randy D. Lang