[Mystikdame]

Four months ago my vehicle was repossessed. I called the finance company every day for two weeks trying to get a total amount needed to recover the car but they always said they were missing the towing bill, extra charges, etc. About 3 weeks ago I received a letter notifying me that the vehicle was sold and how much it sold for.

Yesterday I received a notice to appear in court in regards to the outstanding balance still owed for the vehicle. I still live in the same address, have not changed my phone number yet the required notices were not received/sent/mailed. I'm sure when I appear in court they will claim the notices were sent out and it’s too bad I did not get them. How can this be proven? Are the notices mailed out via regular mail or are they required to send them out via registered mail?

I am getting a copy of my phone so the court can see how much I tried to get this resolved before the car was put up for sale (I'm not sure if this will help but its worth a try). I understand that because the vehicle was sold "privately" (private sale) they were not required to send me the 5 day notice telling me about the auction (from what I've read regarding private sales) but they were still required to send the Notice of Seizure, inventory of private items, and something telling me how much I needed to pay to reinstate the contract and recover the vehicle.

By the way, I checked the Better Business Bureau, and this company rates a big "F". Thanks in advance for your assistance.

[Mr. Knowitall]

Answer the complaint so you don't get defaulted. From what I read in the statutes, you can raise the affirmative defense that notices were not sent, such that you are not liable for any deficiency. (California Civil Code § 2983.2). I don't see why that provision wouldn't apply. They were supposed to send the notice by certified mail, so they should have to produce a return receipt.