My husband and I purchased a 2004 vehicle. In the same year we found out that the finance company changed our due date without our consent. We are now paying more interest towards this car instead of principal because of this illegal change.

I contacted an attorney and he suggested that we sue them in small claims because it would not be worth the effort (money wise) to sue them in a higher court.

We live in Georgia and wanted to know if this is legal and can we actually sue them. OBTW...they recently changed their company name as well.

RichardBondMan

I am not an attorney, but here's what I would do if it were me. Send a certified return receipt requested letter to the finance company with a copy of your original promissory note showing the due date of your installments and include a copy of any correspondence from them that shows the incorrect date if you have such a copy. Request that they confirm in writing (dont accept just a tel call from them) your due date. Once they do that, ask them to remove / refund any extra charges you have been charged or paid due to their mistake. Put a time frame, deadline in your letter, suggest that if no satisfactory answer in receive that you will take steps to protect your intersts.

Fr_Chuck

They can not "change" anything after you both have signed and agreed.
As noted if they changed a due date ( and why is this costing you more money I don't understand) but if they are not following the terms of the contract, you can sue in court for damages