[amandalee]

Okay, this is the situation. I kind of know the answer, but I would appreciate a confirmation.

I had a vehicle when I was married. When I left my husband, I couldn't afford it anymore so I had to return it in the middle of my finance contract. Please note that this is NOT a lease, but a finance contract. This is what I know of vehicle reposessions and returning of vehicles:

- on finance contracts, if the vehicle is returned, then the person cannot be sent to collections for the remainder of the contract
- if a voluntary reposession form has NOT been signed, the person cannot be sent to collections. The rule is SEIZE OR SUE. Since they took the vehicle without a voluntary reposesion being signed, they seized the vehicle.
- if a leasing company had seized the vehicle, they have to do it in a manner where they hire a bailiff. If not, the seizure is illegal.

Now, I had voiced my interest in returning the vehicle, but nowhere did I sign a voluntary reposession. I had told them to pick it up and they did that day while I was at work.

They are now sending me to collections for over $8000 for a car that I don't have anymore. I had initially sent cheques into the collections office to start to pay it (I used to work there so I knew who the cheques were going to) and then I called them shortly thereafter to advise that I forgot all I knew about reposessions and for them to return my cheques. They didn't cash any of them... until August 27th. I have since called them and explained the story and they are on the same page as I. They advised that I go to the bank and cancel the rest of my cheques and they are still going to return them to me.

So, I guess I am looking for some clarification on what the legalities of this are. Even though they have emails (apparently) from me indicating that I didn't want the car anymore and I didn't sign a voluntary reposession, can they still send me to collections?

[Mitsy]

I have a lease on my pickup with Dailmer Chrysler. I cannot pay the lease payments any more and want to let it go back to the lease company. If they seize this pickup can they come after me for the residual? They are telling me they can?? I am told they cannot. Can you clarify this.