[confused#3]

My question involves collection proceedings in the State of: California we are only one payment late on this vehicle and the bank has ordered for the vehicle to be repossesed , but we let a friend borrow the car for a road trip (before notification of repo) the repo guy keeps coming and knocking on the door like if he were going to knock it down. Well do we have to bring the vehicle back immediately or should we just tell the repo guy what city its in and let him take it from there. Would this predicament be considered theft, and can the repo guy knock like that?

[Mr. Knowitall]

Make up your mind. If you lent it to somebody who took off on a road trip, you aren't able to bring it back immediately.

By making things difficult for the repo guy, particularly if you sent the car out of state you're probably going to lose your right to reinstate your loan. It's also illegal to hide your vehicle if your intent is to defraud the legal owner.

[farmer]

You still have rights. If you DO NOT have the vehicle at your residence you could show them and then demand they not to come back on your property, you can call 911 if they harass you. In the states I'm familiar with reposession is a civil matter until the lien holder files charges.Check out the Fair Debt Collection Practices Act to see if your rights have been violated. One payment seems a little harsh you could always pay it and avoid further hassle.

[jk]

You still have rights. If you DO NOT have the vehicle at your residence you could show them and then demand they not to come back on your property, you can call 911 if they harass you. In the states I'm familiar with reposession is a civil matter until the lien holder files charges.Check out the Fair Debt Collection Practices Act to see if your rights have been violated. One payment seems a little harsh you could always pay it and avoid further hassle.

To start with, the FDCPA does not apply to first party collections. Next, this is not a collection so it is not covered by the FDCPA. It is a repossession of collateral, not the collection of a debt.

FDCPA- Fair DEBT Collections Practices Act.

and 1 payment late being harsh; how about; you're 1 payment late. Pay it or give up the car.


I have never seen a typical creditor repo for 1 payment late as long as the debtor had communication with the creditor. Most the time I see repo's for 1 payment late are with the buy here pay here sales lots or if the debtor refuses to communicate with the creditor.

So, how to rememdy; make the payment and all will be well, until the next time you are late and you already know what to expect if you are late.