Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”
Question: 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.
