Quote:
Originally Posted by Trish Sorry it took so long to reply...
If you never received any paperwork then that is considered an illegal repo and there should be no deficiency balance due.
I will try to come back later and post more info for you but if you look at your states UCC (Uniformed Commercial Code) Article 9, it will give you info on the notices that were supposed to be mailed to you after a repo.
Has anyone (CA or OC) tried collecting on the repos or have you been served or rec'd a judgment regarding these?
Let me know and then I will try to post some info for you to try and take care of those.  |
no collection activity other than threat to send to collection agencies. its just right now they are bad marks on my credit report, pulling them down, thus, i would like to get them off. please tell me the ucc codes and other laws i need to get those repos taken care of, thanx.
late edit: trish, this is from the georgia code.does this mean that since they cant collect a deficieny without notice, that there is NO deficiency, and thus, they must remove it from the credit report? if so, how would you proceed? i NEVER got any letter certified from them about any sale of the vehicles.
No Deficiency Without Notice When a motor vehicle has been repossessed after default in accordance with Part 5 of Article 9 of the Uniform Commercial Code, the secured party may not recover a deficiency against buyer unless, within ten days after repossession, he forwards by registered or certified mail to address of buyer shown on contract or later designated by buyer, a notice of the intention of secured party to pursue a deficiency claim against buyer. The notice must also advise buyer of right of redemption, and right to demand a public sale of repossessed vehicle. In event buyer exercises right to demand a public sale, he must advise holder in writing of election by registered or certified mail, addressed to holder at address from which holder's notice emanated, within ten days after the posting of the original notice. With election by buyer, holder must dispose of vehicle at a public sale as provided by law, in the state and county where original sale took place, or state and county where vehicle was repossessed, or state and county of buyer's residence, at holder's election. This provides cumulative additional rights and remedies to the Uniform Commercial Code Provisions which must be fulfilled before deficiency claim will lie against a buyer. See Georgia Code Section 10-1-36