What to do if I am late on my car payment but the bank said I had until noon on today to make my payment, however it reposed my car yesterday?

I am 14 days late on my car payment. The guy at the bank said I had until noon on today to make my payment. They then reposed my car yesterday afternoon while I was at work. I was able to borrow the money and intended to pay this morning. Is our verbal agreement enforceable?

Asked on September 14, 2012 under Bankruptcy Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, an oral or verbal agreement is enforceable. However, as a practical matter, it may be very difficult to enforce, since to do so, you would have to prove, by a preponderance of the evidence ("more likely than not") the existence and terms of the agreement--which can be very difficult if the other party disavows it.

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