What if you didn't get a notice about the repossession?

Notice of Repossession

In 9 (nine) states the leinholder has to send you a "right to cure" letter before they can repo. The time given ranges from 5 to 20 days depending on the state. Other than that, the lender has been trying to contact you for 0 to 60 days and obviously didnt get a response. Soooo, you get repoed "without notice".

Here are more opinions and answers from FAQ Farmers:

• You know if you have paid the payment or not. It's not the bank's job to let you know that they are going to repo the car. I made my car payment on my husband's bus. acct. In which I am not a signer on that account. I did this by complete mistate. The check was returned and the bank repoed my car without informing me that I had a returned check. During the repo I had landscape work done on our property and the tow truck driving ran over all of my plants and tore out everything that was just done.

• "I didn't get a repossession notice." is about as ridiculous as saying "I didn't know I had a car payment." The bank owns your car NOT you until it is paid off. If you LEND (exactly what a bank does when they give you a LOAN for a car) your neighbor your lawn mower and its sitting in his yard the next day after he used it, don't you have the right to take it back? Same concept. If people would only READ the loan contracts they sign then they wouldn't be so "shocked" when their car gets repossessed after they don't make the payment for 4 months.

• RecoverySpecialist: I agree with this general post, but one thing is not true. The bank does not own your car until it's paid off, you do. The rights you have are almost infinite. If people only knew all they had to do to stop the repo man was say "Don't take my car." Well, if only most repo men would listen. Once that is said and the car is still taken, they can be held liable in civil court. It's what is known as an "unequivical oral protest" and most state case law will back it up. ( Actually, this is false. You could tell the field agent that you paid and this is a wrongful repo, ect. and it would not make a difference. It would get repossessed because unless you have a payment receipt from the bank, you cannot prove you paid. )

• Post-Repossession Notice: Under California law, the creditor must send you and any co-signers a special post repossession notice. The post repossession notice tells you about your right to reinstate the loan, and must contain nine special disclosures. You should have an attorney review the post repossession notice if you have been sued or contacted by a collection agency. If the post repossession notice was never sent, or if it does not contain all the required legal disclosures, the creditor may not collect any money from you.

• If you succesfully hid your car from the Repo'man the next step for the creditor to do is take you to court and even if you lose, the Court will give you "Right to cure" letter stating that you have 20 days to make your car payment current. Which should gives you plenty of time to catch up. But if you think there is no change to make your car payment current even with this delaying tactics, the best was is to try to discuss/ negotiate or request for re-schedule payment from your creditor.

• By the way, if you decided to negotiate with your Creditor to make a payment arrangement or whatever necessary arrangement to avoid repossession, never ever negotiate with any representative that do not have any authority. S/He surely will not negotiate with you s/he will only demand the car be return or the payment make current. Speak or e-mail or send a letter to the Big Boss or a Supervisor that have the Authority to negotiate or alter the loan agreement. In the meantime hide the car from the Repo'man till you decide what you want to do.

• "I didn't get a repossession notice." is about as ridiculous as saying "I didn't know I had a car payment." This answer is wrong from the previous statement. My car was repoed because the bank told us they had combined my husbands truck payment with my car. Therefore "our payments" were one. Every payment was made under "both" names. 2 months later our bank called me & told me I was $800 behind, which of course I did not know, and the bank demanded the money stating that we knew our payments weren't combined yet. Therefore, my car got repoed 2 days later because I had no extra money to pay the $800. The funny thing is, every time we made our payment, we asked the woman if she was sure they were combined and we were told, "Yes they were combined". Unfortunately, you have to have a copy of the paper you signed to combine payments with "both" vehicles listed on it. Unfortunately for me, lesson was learned, only one vehicle was listed on that paper that my husband & I both signed to combine payments.

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