Can my truck be repossessed for late fees accrued during the loan term afterI’ve made the last last payment?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my truck be repossessed for late fees accrued during the loan term afterI’ve made the last last payment?

I only owe late fees that occurred during the 72 month loan term ($4500). They say they legally did not have to notify me because the loan originally ended at 60 months but accepted payments for 1 year more. It was repossessed 1 day after I made my last payment on the loans agreed amount.

Asked on January 21, 2011 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So wait: they allowed a modification of your original contract to accept payments?  Was it is writing or orally?  And they did not notify you of any additional fees that were due and were these late fees for the extra 12 months?  I would seek legal help in your are on this matter.  Bring your original loan agreement with you and any and all letters or other paperwork received from the loan company.  Something does not sound right here and I would highly doubt that any Judge would allow this to go down the way it did without either letting you have the opportunity to pay the late fees.  I would even try the argument that there were no late fees at all that were incurred.  Instead the contract was extended by their agreement so no payments were considered "late" here.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption