David Martel wrote:
Cliff,
Pg. 2 of the document you've posted states " I am entitled to a court
hearing on the issue of default before you can repossess the collateral;
however, if I voluntarily surrender the collateral, I waive this right."
Note that this applies in Wisconsin. So, when you defaulted on this "open
end credit plan" the bank could repossess your auto under those terms if
the auto was purchased under this credit plan rather than through a car
loan. I presume that this is how you financed your car purchase.
Did you have your day in court or waive your rights? If not then they
can not legally repossess your car.
Good luck,
Dave M.
That could apply if the car loan and credit card came together as a package
deal.
But it sounds like he did not voluntarily surrender the vehicle and was not
behind in the car payments.
It also sounds like the company made no attempt to notify him of the repo,
which is also illegal.
If they had made an attempt, they certainly did nothing about allowing him
to have his say in court as they implied.
Lawyer time for sure.
