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Does anyone know, if you default for a bit, like 3 months, on an auto loan, but then start up repayments ( father passed during the months in question) and the company accepts the payments, when they start up again, if the company can take you to court to demand return of said vehicle. amount owed on vehicle is almost paid in full. payments have been regular and over paid. I currently have an alias summons to appear and am just afraid I've been making these payments when the vehicle might be taken from me anyway.
thanks
I don't think that they can take away the vehicle only because you missed out the payments for three months. This is because you have already made the full payment including the three months and the company has accepted the full payment on the debt. Since you have received a court summon, you should immediately file a response to the summon to avoid default judgment. If you can produce the proof before the court that you have made the full payment on the auto loan, the vehicle will not be handed over to the creditors.
I to believe that they will not take the vehicle. You say the vehicle is almost paid in full. They would have mroe expensense in the reselling of this vehicle than it is probaly worth to them. Also they have since excepted payments from you. Did you contact the company ans speak with someone in charge? Maybe they will not want to proceed with this summons since you started to remake the payments and have it almost paid off. I would file the response no matter what just to be on the safe side. If you do not they will get a default verdict and you very well could lose the car. File your response and call the lender to see about getting the summons dropped.
Hi Tracy
Your vehicle cannot be repossessed by the creditor since you have already repaid the existing debt and they have already accepted the late payment. If they had not accepted the late payment there would have been a chance of repossessing your vehicle. Even if they sue you to the court they cannot do anything, but make sure you continue to repay the outstanding debts regularly without fail.
This is how I figured it would be. Once they excepted the payment they would no longer be able to take back the vehicle unless you got behind on payments. I would file an answer to that summons but in the mean time go and give them a call so maybe you can avoid some of the headaches. Now you have to relize that you need to continue making payments and making them on time. If it is close to being paid off you sure would not want to take the risk of losing it. Good luck and stop back in and let us know how it worked.
Understand that the lender on a car loan can -at any time- repossess the vehicle, if you are delinquent in making the payment. There is no minimum delinquency. That said, it's a "losing deal" for them, so they typically won't do so until 90-120 days... If you demonstrate a willingness or ability to pay, they will typically work with you until such time that the note is caught up...
Is there a way to keep them from going to court? They did except payment after filing the summons so I would think that they would be willing to give the poster another try. like you said it would be a better situation for both the lender and the car owner.
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