Mar
07
Please help!How could this crooked used car salesman have the right to reposess?
By
I woke up this morning to find my car gone. The owner of the used car place I got the car from had it repossessed. I owed $20 on the car and $600 that he tacked on because of repairs. When his shop called to warn of repossession I disputed it because the repairs he did to fix my oil leak were apparently never done as evidenced by the fact the oil leak was exactly the same as before they “fixed” it. He came on my aunt and uncle’s property in the middle of the night.
What are my rights? What should be my next step?
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6 Comments
March 9th, 2010 at 4:53 am
Call the police and file a stolen car report, then contact your lawyer and sue the ar dealer for your car and damages. Do not wait until tomorrow, do it NOW!
March 9th, 2010 at 11:12 am
Read your contract. If you were behind on payments he may have every right to repossess. You will have to prove he didn’t do the repairs.
March 10th, 2010 at 8:06 pm
In some states, creditors or lessors are allowed on your property to seize your car without letting you know in advance.
The law usually doesn’t allow your creditor or lessor to commit a breach of the peace in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace.
In most states the shop, garage or repair facility has three chances to make good on the repairs and if there was still a problem you needed to contact them and give them another chance.
March 11th, 2010 at 5:58 am
I dunno…. maybe because you owe him money! YOU are behind the payments, even if it was $20. Secondly, YOU took the car from his shop with a bill of $600 WITHOUT PAYING FOR IT.
If you had paid the $20, maybe you’d have a better argument. But if you couldnt pay the 20 bucks, how is he going to get the $600? that might take years! So maybe he just thought he would cut his losses and just take the car
March 12th, 2010 at 1:28 am
For the repairs, he would have to file a mechanics lien on the car, and that could take time. But since you are delinquent on the payments, and he is the lien holder, depending of course how your contract reads, he may be able to take it for the $20.
The big mistake here was defaulting on the $20, because it’s not about the amount of money, it’s about responsibility. He’s just using his lien to collect on the repairs. It ***** but in a business sense, he’s on the ball.
Read your contract regarding non payment and repossession, that will tell the whole story.
March 14th, 2010 at 8:07 pm
Check with a lawyer, pronto.