If my car was repossessed but the loan was not in default, is that legal?

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If my car was repossessed but the loan was not in default, is that legal?

After purchasing my used car I was informed by the finance company that they received the title and my finance paper work had the wrong car listed on it. They had forwarded me new paperwork to be signed which I did, then I was told it had to be notarized. My fault that I took longer to get this back than it should. Ironically the day I sent the paperwork in they repossessed my car. The signed documents are in the mail on the way. Now they are saying they need to put a GPS in my car at my expense before I can have the car back. My payments are not in default.

Asked on October 15, 2010 under General Practice, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You certainly are stuck in a web of mistakes here.  And I bet what happened is that the payments you made were not applied to the car because of the paperwork mishap so the order to repossess was issued.  No, it was not really right.  Where did you purchase the vehicle from?  I would contact that dealer and let them know what happened and ask them for help. If they will not (or are in some way affiliated with the car dealership) then I would seek help from an attorney.  Bring your contract as well as the finance paperwork. If your contract - which is still valid and binding - does not state that you have to install a GPS then asking you to do this after the fact is not proper. Good luck. 


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