Full question:
My car was repossessed on 4/21. I was given a contact number to call, I called but got voice mail. I left messages w/ name & phone # to reach me. I kept calling but to no avail, always voice mail. I tried to reach the repo people but their voice mail was full. When they repossessed my car they took it with my plates. I'm still paying for my insurance and will continue till the plates are turned in. To date I have not received any phone calls or letter of intent. Is there anything I can do? Something doesn't seem right.
- Category: Contracts
- Subcategory: Lease Agreements
- Date:
- State: Georgia
Answer:
In Georgia, when a vehicle is repossessed, the secured party must send a notice of disposition before selling the vehicle. If they fail to follow this procedure, you may be able to recover damages for any losses incurred, as well as statutory damages under Georgia law (Ga. Code Ann. § 11-9-625).
According to this law, if a secured party does not comply with the required procedures, a court can intervene to stop them from collecting or selling the collateral. You may also be entitled to damages for any losses caused by their noncompliance, which could include costs related to obtaining alternative financing.
If the repossession involved consumer goods, you might recover at least the credit service charge plus ten percent of the principal amount owed. Additionally, if the secured party fails to send you a notice of disposition, you can claim statutory damages of $250 for each violation.
To summarize, you should consider consulting with a legal professional to discuss your situation and explore your options for pursuing any potential claims against the repossession company.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.