Debt Collection, Garnishment, Repossession

questions & answers

Question: My car was recently repossessed. I spoke w/ the fa dept wanting to pay everything I need to pay to get it out and set my pymts up for weekly. The dept is telling me I have to wait 7-8 days for a letter to be generated and recd before I can make my pymt. Meanwhile, im getting charged storage fees everyday when I could just pay for it. Do I have to wait to receive a letter telling me I already know what happened and what I need to do? I want to pay today to get my car out.

Answer:

In Arizona, as soon as you miss a payment the creditor may repossess your vehicle and technically do NOT have to give you any formal warning. The "repo men" are not allowed to break any laws to get the vehicle (for example breaking into your garage). They are permitted to enter your property and either break into the vehicle or tow it off your property. The repo men typically do this at night or when you are at work to avoid any conflict with the owner. If a dispute arises with the owner and repo men during the repossession, the repo men must leave the car and wait to try again. The owner is not allowed to make any threats or cause harm to the repo men. Also, owner's are not allowed to "modify" the vehicle to make it harder to recover. As far as the finance department requirement for 7-8 day waiting period. You may have to wait for this period.You may want to speak with an attorney (one with a background in dispute resolution) who can help you negotiate the process.

 

To read more on these laws:

ARS 13-2204

ARS 47-9609

 

QUESTIONS

  • My car was recently repossessed. I spoke w/ the fa dept wanting to pay everything I need to pay to get it out and set my pymts up for weekly. The dept is telling me I have to wait 7-8 days for a letter to be generated and recd before I can make my pymt. Meanwhile, im getting charged storage fees everyday when I could just pay for it. Do I have to wait to receive a letter telling me I already know what happened and what I need to do? I want to pay today to get my car out.

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