Legal Question in Credit and Debt Law in California

problems with my auto finance company

i recently had my car repossessed and have complied with everything that capital one auto finance has asked for.it has taken them 5 days to finally recieve all documents. within those days they had always said they never recieved a document or it was missing.they have already recieved over a 1000 dolars from me and now are telling me they wont accept my proof of income document.i a freelance makeup artist and most of my clients pay me in personel checks or sometimes cash. telling the auto finance comapny this they asked for a recent ban statement. i sent the one from last month but had the account closed because i pulled out all the money that was in the account. there shows numerous deposits throughout the month. yesterday the operator i spoke with accepted it and said the insurance needed to be resent because they didnt have it.even though my insurance agent had sent it 3 times before on 3 different days.i called today and now this comes up with the proof of income.my car has untl the 25th until it goes to auction, they already have all their money and documents and are still holding the car. what can i do? ive already contacted consumer affairs, secretary of state and contacted a lawyer(has not contacted me).


Asked on 11/18/08, 5:36 pm

1 Answer from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: problems with my auto finance company

You have judicial remedies available, but I would advise you get an attorney involved as soon as possible.

Failure to return the car after you tender the redemption amount amounts to the tort of conversion.

Even if the car is eventually returned you still would have a cause of action for conversion or trespass to chattels. This would allow you to recover for the inconvenience and time spent trying to retrieve the car.

If you would like to discuss this further, please do not hesitate to contact me.

Yours truly,

Bryan

877.201.8728

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Answered on 11/18/08, 9:35 pm


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