Legal Question in Credit and Debt Law in California

Fulfilled payment arrangements......still got a reposession.

I was 28 days late on my account, however, before I was late I made payment arrangements and fulfilled them when the date arrived. Two days after the company recieved my late payment, which they agreed to accept, they reposessed my vehicle. Now, they're being very uncooperative and my account representative won't even return my calls. Is it illegal for a business to accept a payment and close the account?


Asked on 4/21/03, 6:14 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Fulfilled payment arrangements......still got a reposession.

typically, if the debt owed is undisputed, the company that you would owe money to would still be entitled to recovery of your late payments and even perhaps the car itself if you breached the initial contract. however, if the debt you owed were disputed, then any new agreements between you and the company you owed the money to could be an enforceable agreement if the "terms" were changed showing new sufficient consideration to bind both you and this company to the new agreement. this would be an accord and satisfaction contract in which you would then have certain rights and this company may not be allowed to take your payments and still repossess the car. so, it pretty much comes down to what the new agreement reads regarding your late payments and if there is sufficient consideration (a bargained for exchange) between you and this company to make it "illegal" for them to repossess your car while taking your late payments. if you would like further legal assistance and/or representation in this matter, please email my law firm with more detailed facts regarding the nature of the new agreement, etc..

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Answered on 4/21/03, 6:22 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Fulfilled payment arrangements......still got a reposession.

I'd like to discuss the terms of your agreement and determine whether or not there is the possibility of a misrepresentation action against the creditor. Please call me directly at (619) 222-3504.

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Answered on 4/21/03, 8:18 pm


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