[lomita73]

We are trying to sell our home two months behind in everybill trying to stay above water. We have spoken with the fianance company and they said until we catch up they will keep trying to reposses our rig. Which we could understand. Then they call my husbands relatives asking if they know where he is. Telling them they are trying to locate the vehicle we even let that go. This weekend we have open house my realestate lady who has no idea what is going on has two gentlemen pull up in a tow truck they come to my door they ask if we are home if she is the wife she explains to them she is hosting an open house they would have to come back when someone is there that could help them. They proceed to show her the paper work for the repossesion that they are there to take the truck if she knows where it is or where my husband is!!!! I was floored I called them first thing this morning and all he could say was your not on the contract I can not speak with you are you kidding me!!! I had my husband call and this is the law dept for this company and he tells my husband he documented the information and where does he want to take this? We filed a complaint but it just doesnt seem right. I know this company intimidates people they start calling the day after the car payment is due. Even in our grace periode when my husbands brother died the same person kept calling my husband finally broke down on the phone and explained the situation he said we get stories like that all the time. We have filed with them, with the federal and state. what can we do legally? we are in california

[Mr. Knowitall]

You don't make it clear whether this was a case of mistaken identity - they came to the house, found your real estate agent, asked if she was you, were told, "I'm holding an open house", and presented her with papers and asked if she knew the location of the truck or your husband. It sounds like they thought she was you.

[lomita73]

Sorry about that she clearly stated she was not me infact he asker her if she was me she told him no I am here hosting an open house he continued to tell her why he was at our house. He came back to our house this tuesday and spoke with my son and showed him the paper work of what we owe and told him if my husband did not turn over the truck this friday he would call the CHP and report it stolen my son is only 16 years old. He kept asking him where does your dad park where is he ...my son kept saying hes out of town I dont know finally my daughter (17) told him that was enough you need to leave...

[Mr. Knowitall]

I wasn't aware before that you were hiding the car.

You can (a) negotiate a payoff with the lender or seek to reinstate the loan, and keep the car, (b) you can return the car, or (c) you can wait for the repo to be completed.

Note that hiding the car will cost you your right to reinstate the loan contract and get the vehicle back upon paying all past due amounts, late charges, and repossession costs and fees. (A relatively thorough repossession FAQ can be found here.) It is conceivable that you could also end up facing charges for hiding collateral.