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tarrenarlin · Oct 18, 2006, 11:20 AM

My husband has this car that he owes $1500 on. It's a tote the note place trying to get the car back, well they come to our house every night knocking on the door and sounding their horn. Last night they put a note on the door that they are going to send a warrant out for his arrest if they can't get the car. My husband has paid $8000 for this tote the note car already. He has every intention of paying the balance, but he lost his job and just now found another one. His payments are $160 bi-weekly and a couple of weeks ago I had extra money and sent in a payment for him, but they won't credit it to the account. They know where he works ,why don't they just take the car. We also tried to use the car as a trade-in, but this company would not let the dealership pay the balance. Can my husband go to jail for this. What are his rights?

Tarryn:confused:

Fr_Chuck · Oct 18, 2006, 03:38 PM

No, he can not go to jail for a civil issue, they are trying to cheat you somehow.

If you are late and have defaulted on the payments, they can take the car back from you and resale it, and if there is still money due they will sue you for that money.

And I don't know why they just don't take the car, why not call them and ask them,

Next time they come out ini your yard or drive, call the police on them, this is harassment and is illegal. Call and tell them that too.

Remember those types of places, sell you a over priced car at too high an interst rate,a and make most of their money by repoing the car after they get as much money as they can from you.

DanPatrick10 · Oct 20, 2006, 04:49 PM

Tarryn,

They're trying to play you. Beat them at their own game. They have no right to come into your yard and harrass you and your husband.

Fr_Chuck is right. Next time they do that call the police on them. Tell the police they are disturbing your peace. If you want, you can have the police give them a ticket for disturbing your peace. Next time they disturb your peace they could go to court and pay a fine or get jail time.

Also, another way to get out of paying may be for your husband to file for bankruptcy. Many people think it's a bad idea, but if your husband can't get work it will be his ticket out of having to pay.

If he still has to pay, a payment plan can be worked out between him and the lessor.

Hope this helps.