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Wrong ful Repo of Vehicle payments caught up

Discussion in 'Civil Court, Procedure & Litigation' started by gipytak, Aug 8, 2011.

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  1. gipytak

    gipytak Law Topic Starter New Member

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    Hello
    I purchased a vehicle and had my payments up to date even had it above 725.00 in payments . my payments are monthly and they are 300.00 a month. I have had the car for 10 months and i have paid 3,640.00 by my records and receipts. my Payments are do on the 26th of each month. My vehicle was repoed on the 25th of july and i couldn't understand why. So i called the dealership on why they repoed my car and they responded that i was behind in my payments and that i was a week late. I asked them what do you mean " a week late" i make monthly payments. and they told me that i breach the contract for making payments a week out of a time. I told the dealership that i was caught up monthly and they said no i wasn't on a weekly bases. but i told them i was still 725.00 ahead they said no i wasn't that is why i was repoed. i looked up on his receipt book and he has multiple payments that do not match my receipts. he can't argue with me about the payments cause i have credit card receipts and i have proof. the dealership is still denying the payments the my wife paid. so i called a couple of attorneys and no calls back. can i sue the dealership for money fraud and breach of peace with the repo guy and can i sue the dealership for breach of contract?

    Best Regards
    Shannon Hoaglen
     
  2. army judge

    army judge Super Moderator

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    You can sue anyone for anything. That isn't the issue nor should it be your question.

    Ask yourself if you have a case.

    Do you?

    Read your contract.

    Were the payments to be made weekly, and not monthly?

    If they were and you failed to pay them weekly, you breached the contract.

    Read your contract. It is your guide.

    Don't expect your telephone to ring off the hook.

    Even if you had a case, the amount in question is too small to interest most lawyers.
     
  3. gipytak

    gipytak Law Topic Starter New Member

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    Hello Amy
    My Contract states that i make monthly payments of 300.00 and if i was late there would be a 25.oo late fee. I have confronted the dealership with my concerns about the car payments and they couldn't show me the receipts for the payments that i made. i told them out of anger that i have proof and that they were frauding me and that i was gonna lose my job if i don't get my car back. And all they could say was for me to leave or they will call the police. I stood my ground to show them i was right and that they are wrong. I ended up almost in jail cause the dealership owner's son tried to reach toward me and i gave him a military ass whipping then the police showed up and told me to get off the property. this isn't the first time him and i had issues. Iexplained to the officer of what happened before and what happened today. their is nothing he can do it's a civil matter. was there a crime commited by the dealership for pocketing my over payment and what can do to get my car back or my money . I lost my job cause of this situation that i had for 20 years cause i couldn't drive to work every day. please i need advice on how to get my money or my car back i am honest and a good guy
     
  4. mightymoose

    mightymoose Moderator

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    Rather than waiting for an attorney to call you, go visit one in the office.

    It sounds to me as if you have a legitimate argument to make. The contract seems to be in your favor and you can show proof of payments. As you describe it, it seems pretty clear you are getting hosed- and the arguments against you about weekly payments are nonsense if the contract specifies monthly payments.

    Typically I would suggest handling this in small claims since the amount of money is rather low- however if you want the car back you will need to go through civil court, which is a bit more complicated and where an attorney will be able to help. That said, if an attorney gets involved you may not even go to court. The attorney can also help to make sure your credit doesn't get all messed up due to a bad repo.
     

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