Can a Finance Company Threatening Repossession Refuse a Payment?
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Summary
My son is behind 2 months on his car payment. He spoke to the finance company today and said he would be able to catch the payments up tomorrow when he gets paid. The finance company told him he had to pay today by noon or his car would be repossessed. Can they do that? |
“My son is behind 2 months on his car payment. He spoke to the finance company today and said he would be able to catch the payments up tomorrow when he gets paid. The finance company told him he had to pay today by noon or his car would be repossessed. They will not even talk to him about making the payment tomorrow and hung up on him.
This is in the state of Kansas. Can they do that? He is willing to make up all late payments but can’t until he gets paid tomorrow. Do you have any suggestions for him?
Thank you for your prompt attention to this matter.”
I’m a little late here, but maybe this will help the next person. The owner of the secured interest can proceed in any way against the secured property consistent with their contract extending credit. They likely did not need to accept a promise of payment in the future if their right to repossession had ripened. It seems unethical for me to give anyone any advice on how to buy a day of freedom from the repo man, and others are much more creative about avoiding creditors than I am.
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Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.