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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Dispute Over Whether a Car is Paid Off

    My question involves a consumer law issue in the State of: California.

    I have an auto loan the originated in 2004. I believe I paid the vehicle off. However, in the middle of the loan, the loan company was bought by another company and never told me. I kept sending the payments to the old company and I do not believe they were ever credited to my account. Fast forward....A repo man came once a long time ago, I explained that I no longer owed money and to please have whoever sent him to contact me so we can straighten this all out. Next thing I receive is a summons for breach of contract, in which they are asking for a monetary settlement. I know that technically this means money, but I want to know if I cannot prove I made the payments, will the judge force me to return the vehicle, or does the fact that the company is seeking a monetary judgement mean the judge will award whatever he/she deems is the balance on the account?

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Being for Breach of Contract- Auto Loan- Will Judge Award Money or Force Repo

    I'm just curious how you would have no documentation that you made multiple payments to pay a vehicle off.

    I hope you didn't send cash via the USPS to your loan company?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dispute Over Whether a Car is Paid Off

    At some point, obviously, you figured out that a different finance company was involved. How many months did that take? What happened when you told them that you had been sending your payments to the original lender? What happened when you asked the original lender to refund your payments, or to forward them to the new financing company? What documentation do you have of any of the above?

    If you have no evidence that you made the payments that the lender is alleging that you missed, you're going to have a difficult time convincing the court that you made the payments. If the lender is asking for a money judgment, the court can be expected to grant that relief if it finds that money is owed.

  4. #4
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Dispute Over Whether a Car is Paid Off

    @Whosthatguy....I sent money orders, and I had the stubs for many of them but others were misplaced/thrown away in a move a couple years ago.
    @Mr.Knowitall......I assume the court will not take my word for the payments and I do not have evidence of many of them. Basically, I understand and accept if the court will award a monetary amount. I can accept a judgement, and would glady make arrangements to pay it. I don't want them to order me to turn over my vehicle....my only form of transportation. Hard times have hit our family recently, like many others.

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