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  1. #1
    Join Date
    May 2010
    Posts
    1

    Default Vehicle Repo'ed when Only 15 Days Late

    My question involves an auto loan or repossession in the State of: Idaho. I was not given any notice or threat that the vehichle was going to be taken back, and had given creditor notice of when I could make my next payment. Day after I gave her the notice, my car came up misssing. They came in the middle of the night and took it without informing me they were going to do it or leaving me a message that they had taken it. In addition, I had to track it down to get my personal belongings in it out. There are a couple items missing. When I ask the creditor about these items, she keeps saying she will check into it, but 5 days have gone by and she has never replied back, and does not return my calls/texts/ or emails. Is there any legal actions I can do to get the car back since I was never notified they were going to repo it, also what about my personal items?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Vehicle Repo'ed when Only 15 Days Late

    Unless your loan contract offers a grace period, late is late. Unless your loan contract offers a grace period of fifteen or more days, you were outside of the grace period. If you choose not to pay your car payments on time, you are putting yourself in the position of having the car repo'ed. You knew when your payments were due. Why do you think your lender would have to contact you to say what you already knew - that you didn't pay on time?

    If you can prove by a preponderance of the evidence that you had a particular item or items in the car, and that a particular individual took them, you may consider pursuing a claim against that person in small claims court. You can try going after the towing company more generally, but you can quickly run into issues of proving that they were responsible for the disappearance of the item(s). As for the lender, I expect that your car loan contract provides your lender with strong coverage against so-called "golden glovebox" cases - the claim, true or not. that valuable items were in the car at the time of a repo.

  3. #3

    Default Re: Vehicle Repo'ed when Only 15 Days Late

    Many dealers who do in house financing will repo once payments are 2 weeks behind, while they still have a chance and know where the vehicle is. Your opportunity to get all your stuff has likely passed.

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