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darandjules · May 12, 2008, 11:02 AM

Sister having lot of money problems since having her baby. Got car loan in March 2008. Should be making payments every two weeks. Last payment made was 4/16/08. Car repo person called her today and said that if she didn't turn in car today he was going to police and putting warrent out for her arrest for a stolen car. Can they do that??? She gets paid on Friday and will make both payments (about 300 will be due). :confused:

progunr · May 12, 2008, 11:12 AM

She cannot be arrested for not making the car payment.

She should report this collector for violations of the FDCPA if she can prove that he made this threat. It is illegal to do so.

Even if she turns the car in herself, it will still be listed on her credit report as a repo. When they sell the car at auction, she will still be responsible for the difference between her loan balance, and the proceeds they get when it sells. Because most laws require the repo to be sold at auction, it will bring far less than it is worth and her obligation could be substantial.

Her best option is to find some way to pay this if at all possible.

She should do her best to keep the vehicle "out of sight" especially if she is able and planning to pay this Friday. They could very well be trying to get the vehicle as I type.
I'd hate to see her car get taken so close to the point she is actually able to pay the payment.

Good Luck.

darandjules · May 12, 2008, 11:23 AM

Originally Posted by darandjules

sister having lot of money problems since having her baby. got car loan in March 2008. Should be making payments every two weeks. Last payment made was 4/16/08. Car repo person called her today and said that if she didn't turn in car today he was going to police and putting warrent out for her arrest for a stolen car. Can they do that??? She gets paid on Friday and will make both payments (about 300 will be due). :confused:

THANK YOU for the advice. She called me here at work and of course I am worried because she is crying and so upset. Didn't sound right to me. The car is 'out of sight' because I have let her move down here with me, a few hours from where she was. So... by the time they 'find' the car she will have it paid. She is worried about going out to work and taking the baby to daycare because the man she spoke with basically made it sound like the state of NC would have an APB out for her arrest. They rode by her old place and I guess they are just making threats to try to scare her. Thanks again. She is so upset and I can't leave work..

JudyKayTee · May 12, 2008, 12:59 PM

Originally Posted by darandjules

sister having lot of money problems since having her baby. got car loan in March 2008. Should be making payments every two weeks. Last payment made was 4/16/08. Car repo person called her today and said that if she didn't turn in car today he was going to police and putting warrent out for her arrest for a stolen car. Can they do that??? She gets paid on Friday and will make both payments (about 300 will be due). :confused:

What is the past payment history? Once she is in default they can seize the car. They don't have to accept the payments, bring the account up to date and then continue to contend with late payments. She would then owe the difference between the car note and the price it's ultimately sold at as well as fees and charges in connection with the repo.

But they CAN'T list the car as stolen unless the car is stolen from their lot - it would appear that the car is registered in your sister's name so the Police will NOT accept a stolen car report from the dealer. The dealer could, of course, track it down - that's what skip tracers do - and seize it or grab it off the street.

She makes a payment every 2 weeks? I never heard of that before.

She should hope the dealership tries to get her arrested - then she can sue the dealership and pay cash for her next 2 or 3 cars.

darandjules · May 13, 2008, 09:14 AM

It is a car dealership for 'slow' or 'poor' credit... which is part of a very well known car dealership with a good reputation. Anyway... I know they are just trying to scare her and I wish I had been home when they called her! IF they find it they find it. But as long as they CANNOT file it as stolen, which I didn't think they could, then I am not going to worry about it anymore. They gave her payment coupon book so she could pay every two weeks.

excon · May 13, 2008, 09:30 AM

Hello daran:

The car ain't stolen. Why don't you tell the lying bastard collection agent/repo guy that the car is in another county - THE OTHER DIRECTION FROM WHERE IT IS.

excon

JudyKayTee · May 13, 2008, 09:45 AM

Originally Posted by darandjules

It is a car dealership for 'slow' or 'poor' credit...which is part of a very well known car dealership with a good reputation. Anyway...I know they are just trying to scare her and I wish I had been home when they called her! IF they find it they find it. But as long as they CANNOT file it as stolen, which I didn't think they could, then I am not going to worry about it anymore. They gave her payment coupon book so she could pay every two weeks.

Nope, she's good to go - she could do her level best to keep her payments current (just to avoid the phone calls and hassle) and I agree, hide the car.

I suppose they CAN report the car as stolen but, as I said, it's not, your sister can prove it's not - and then the car dealership can eat dirt and pay for her next couple of cars.

Maybe next time they call you'll answer and they'll think it's your sister - now you're prepared to level them over their threats.

As I said - they can repo it if she's late but they cannot threaten her.