Like many people, I have a car payment. I get paid every two weeks, so my paydays vary from month to month. This month I will have to pay my car payment a couple of days later than usual, so I called the company and let them know. They said fine. Well then, I get a snitty letter saying I should call to make a payment arrangement. Helloooo!? I just did that. I called and explained my frustration, and they said that these letters are automatically generated and of course they had my payment arrangement and to just ignore it. I said fine.
But these letters can be scary. They talk about pursuing all and any remedies......
What I have just learned in my secured transactions class is that a car can be repossessed without notice. (I am not worried about this, as my payment is only going to be a few days late, not enough to get into this dilemma.) But I guess I never knew that they didn't have to give notice for this. This is because, of course, that if you knew they were coming to repossess the vehicle, you would have it somewhere else!
But a few tidbits about reposssesion I learned in class:
--They do not have to give notice.
--They can't breach the peace in repossessing. They can not break into your garage for example to get the car out, and they can't go into the garage to get it even if the garage is unlocked.
--They can reposssess it from the street or the driveway.
--But if you see them repossessing the car and you come out and make a fuss about it, they are supposed to leave. That is because at that point they are breaching the peace.
--They can come back to try again after a break in time from the first attempt. The law does not define how long the break in time has to be. It might be again later that night.
--I remember something about they cannot have a police officer to come with them, etc., but I am foggy on this detail.
This was part of my test the other night. How do you think I did?
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