[sandyclauze]

I live in Michigan, and bought a car through a major auto finance company, brand new, in 2002. I have often been late in paying, but always managed to get caught up again. I am currently 2 months behind to the tune of about $325, but sent $100 a few days ago. I no longer live at the address the finance company sends my bill to, but have my mail forwarded. I stopped receiving billing statements mid-May, and am getting letters demanding my phone number (my phone has been disconnected). I tried emailing the finance company, but they refuse to give me any information, just keep damanding I call. The last time I was this far behind and called, I was verbally abused and threatened, so I'm not too eager to do it again.

My questions are:

If I'm still sending money, can they repossess? Do they have to warn me first in writing if they can't call me? What is the process of repo? What are my rights? I have copies of the emails I sent the finance company stating promises to pay; is this any help?

A friend of mine got her car repoed a couple years ago, and she got it back after it was taken, but before it was auctioned by paying all the past-due she owed on it. Is this common, or does every finance company do things differently?

I am behind in payments due to a serious injury that left me unable to work for 5 months. I just got a job and am employed again, but I'm wondering if harship holds any water against repo if push comes to shove.

And...What is "Breach of Peace"? Who does it favor in repo cases?

Thank you for any advice you can give.

[aaron]

If you're not current in your account, have moved without giving them your new address, and are refusing to return their calls, I would expect them to be thinking about repossession. It may be possible to recover the car after repossession, but you'll save a considerable amount of money if you catch up on your loan before the car is repossessed.

Repo services typically don't breach the peace - it's to dangerous to them. They prefer a quick, efficient, and quiet (or cooperative) repossession. What would constitute a breach of the peace? That's a fact-dependent inquiry.