Does Anyone Know About Auto Repossession?

Updated on April 21, 2009
K.M. asks from Gilbert, AZ
8 answers

Hi I am trying to help out a family member find out what her options are now that her car has been repossessed? Her car was repossessed in February and she just received a letter telling her how much she still owes after they sold her car at an auction. The amount still owed is ridiculous because she was so upside in her vehicle. She came to my husband & I for some advice but we don't know where to start with this because we have never been through this ourselves. If anyone can help me figure out what direction to point her in that would be so helpful. She works but right now she is out on medical leave due to surgery to remove some cancer that was found. Her finances spiraled out of control last April 2008 when she had to have heart surgery and her medical bills all started piling up and then she could not afford her car on her disability income because it was reduced to almost half of what she was normally making. Now with this new surgery to remove cancer in February 2009, her medical bills are once again piling up and again her disability pay in hardly anything. She has the medical bills, another car loan and her prescription expenses that she has to pay monthly but now she feels overwhelmed with the letter she received about the amount she still owes on the auto that was repossessed. Can someone help me figure this out for her? I want her to recover without regressing due to stress of this situation.

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K.R.

answers from Phoenix on

While I have not personally experienced a repo, I have been close to two people who have. The finance co or bank got the car and now they have nno leverage to force her to pay, but they can be annoy her terribly. With her medical issues and mounting healthcare bills, I realize she doesn't need that problem but it can be handled. Do not pay the balance, ignore the letters and the phone calls that will come as well. Write a "cease and desist" letter to stop the phone calls but not the letters. They will taper off until the loan is sold to another collection company, then she can write another letter. I know this sounds awful but bill collectors are persistent. It is too bad she has to deal with this problem at a time like this.
Good luck and wishes for a speedy and complete recovery.

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E.T.

answers from Salt Lake City on

I'm sorry to answer this so late. Your friend is, unfortunately, in a very similar position to some many people. You may want to recommend the website www.daveramsey.com. He has info and resources to help people out of this exact situation. Listed on there are ELP's who can give her advice and walk her through this process. She should be able to settle the debt for pennies on the dollar. The same for the medical bills. She may be able to negotiate lower payment totals. We have also listened to Dave Ramsey on the radio (1310 am: 1-4 pm) and have learned so many ways to combat these very problems. She may have to file for bankruptcy but maybe not.

The hardest part is just figuring it all out. I wish her the best. These are hard times. Good luck!

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K.W.

answers from Phoenix on

I don't know...maybe she needs to let it go since she was upside down anyway. By the time she pays it, she could "buy" the same car for less money if she was upside down (owes more than it is worth).

I do know this: Do not allow her to pay anyone to help her with her financial problems. If anyone offers to help her for a "fee", she needs to report them to the BBB and the AZ Atty General.

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D.H.

answers from Phoenix on

My daughter used to work in collections and still works at the same company now, so she knows. This is what she said: She can settle....if a family member or someone can loan her the $ she could settle for as low as 50%. If not, she can re-work her monthly payment amount to something lower and potentially settle in the future.

F.H.

answers from Phoenix on

Hi K., I've had several clients lately who have had their cars repo'd...thanks wonderful economy! I don't have any answers but this website does: http://www.carreonandassociates.com/articles/reposession.htm

Its a very informative article. I hope it helps! Have a great weekend!

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K.P.

answers from Phoenix on

In her situation she may want to consider bankruptcy.

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J.C.

answers from Phoenix on

We had both of our vehicles repossessed last summer. While it did harm our credit score(there's more to life than a credit score-why let it control your every move and decision?)we also received these letters. We haven't heard from the one company since we received our first letter and honestly I think the bank closed-as the branch I went to is no longer there. With the other car we have received several letters, but no action has been taken against us in 8 months. We only owe $2300 on that one, so we are pretty sure we will pay it off. We are still planning on filing for bankruptcy, which, we feel, is the only way to get the creditors off our back. So, I would just suggest ignoring the letters for now and living her life. When she is well and able to deal with this she can. We are finally back on our feet and we will have the money to file for bankruptcy next month. Just thought I would share what we have experienced-I am not sure if it will work for her to ignore their letters, but so far, so good with us.

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A.G.

answers from Phoenix on

As far as I know, once a car is repoed no money is owed because they got the collateral back. The onoy exception is if the car was being leased by your sister. Then she is responsible for the deficiency balance.

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