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?

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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

Answers:

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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