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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Auto Repossession And Right To Cure

    My question involves an auto loan or repossession in the State of: South Carolina

    My car was just repossessed. My beef is not with the repo guy, he was just doing what he was paid to do. But it is with the finance lender. According to S.C. law they must send a right to cure letter 20 days bfore repossessing. The lender says they sent a letter, but I never received it. How must these right to cure letters be sent, must they be sent registered or certified mail or can they just mail it? Any help would be greatly appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: Auto Repossession And Right To Cure

    The statute suggests that ordinary mail is fine:
    Quote Quoting S.C. Code 37-5-110. Notice of consumer's right to cure.
    (1) With respect to a secured or unsecured consumer credit transaction payable in two or more installments, after a consumer has been in default for ten days for failure to make a required payment and has not voluntarily surrendered possession of goods that are collateral, a creditor may give the consumer the notice described in this section. A creditor gives notice to the consumer under this section when he delivers the notice to the consumer or mails the notice to him at his residence [Section 37-1-201(6)].

    (2) The notice shall be in writing and conspicuously state: the name, address and telephone number of the creditor to whom payment is to be made, a brief identification of the credit transaction, the consumer's right to cure the default, and the amount of payment and date by which payment must be made to cure the default. A notice in substantially the following form complies with this subsection:
    [indnet]"(name, address and telephone number of creditor)

    __________________________________________________ ______________________
    (account number, if any)

    __________________________________________________ ______________________
    (brief identification of credit transaction)

    __________________________________________________ ______________________

    _____________________________________(date is the LAST DAY FOR PAYMENT,

    _______________________________________(amount) is the AMOUNT NOW DUE.

    You are late in making your payment(s). If you pay the AMOUNT NOW DUE (above) by the LAST DAY FOR PAYMENT (above), you may continue with the contract as though you were not late. If you do not pay by that date, we may exercise our rights under the law. These rights include the right to repossess any property held as collateral for this transaction and the right, in many instances, to hold you personally responsible for any difference between the amount the property brings in a sale and the balance due us on the credit transaction in question. If you are late again in making your payments, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone the creditor promptly."

    (3) Notwithstanding subsections (1) and (2), in consumer rental-purchase agreements, after a consumer has been in default for three business days and has not voluntarily surrendered possession of the rented property, a lessor may give the consumer the notice provided in subsection (4) of this section. A lessor gives the notice to the consumer under this section when he delivers notice to the consumer or mails the notice to him at his address.

    (4) The notice must be in writing and conspicuously state: the name, address, and telephone number of the lessor to whom payment is to be made, a brief identification of the transaction, the consumer's right to cure the default, and the amount of payment and date by which payment must be made to cure the default. A notice in substantially the following form complies with this subsection:

    "(name, address, and telephone number of lessor)

    (account number, if any)

    (brief identification of transaction)

    (__________) is LAST DAY FOR PAYMENT, (__________) is the AMOUNT NOW DUE. You have failed to renew your rental agreement(s). If you pay the AMOUNT NOW DUE (above) by the LAST DAY FOR PAYMENT (above), you may continue with the contract as though you had renewed on time. If you do not pay by that date, we may exercise our rights under the law. You may be required to pay reasonable costs authorized by law. If you are late again in either returning the merchandise or renewing your agreement, we may exercise our rights without sending you another notice like this one. If you have questions, write or telephone the lessor promptly."[/indent]
    Quote Quoting S.C. Code 37-1-1201(6)
    (6) For the purposes of this title, the residence of a consumer is the address given by him as his residence in a writing signed by him in connection with a credit transaction. Until he notifies the creditor of a new or different address, the given address is presumed to be unchanged.

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