GM Financial/ Americredit swindlers Arlington, Texas

"In Massachusetts if you fall behind in your car payments, your car lender can not just take your car. However, after you are 30 days past due a lender can decide to repossess your car (this can also happen if you fail to keep your car insured). A lender must send you a notice called the Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act giving you 21 days to cure the default. If you do not cure the default and the lender takes your car, you must be given a second notice stating the creditors intention to sell the car and giving you an additional 20 days to redeem it."

Read this carefully, it doesnt say the letter needs to be send certified, it just says the note has to be 30 days or more past due, OR if the borrower is not keeping the car insured.  It also says that you have 21 days to bring the account TOTALLY current, including all late fees, otherwise they can take the car without further  notice.

I dont know if you and your Finance live together or not, but you cannot assume they did not mail the letter to your Finance, and she did not have the money to bring it current, so she hid that fact from you, and threw away the letter.    I am sure that the finance company made a copy of the letter, and placed it in your finance's file prior to waiting 21 days to snatch the car. 

Now, even if they did not send the letter, all they have to do  is to make a copy of a letter, but a bogus date on it, and drop it in the file.  It will be up to you to prove it wasnt sent after that.

So, using logic, the note had to be at least 52 days late when Ameri Credit repo'd the car.

Exactly how many days was she late when they snatched the car. 

Of course, they may have snatched the car because she let her collision insurance laspe, and they took it for that reason.  They may explain the inflated pay off amount.

Finally, the storage company may not be the same company that repo'd the car.  Most repo companies are small operations that do business out of their homes, and when they return the car to the leinholder, the leinholder has a storage yard they contract with  to hold the car until you have either redeemed it, or until it is sent to auction to be sold.

Also, when a finance company repo's a car, the only "paperwork" they receive is a phone call giving them the year, make, and model, and color of the car, along with the debtor name, and work address, and home address.  There is very seldom any "Formal" paperwork that changes  hands, until the car is actually repo'd. 

The only reason most repo agents notify the police that they took a car is so that when they are drivng down the road with a repo'd car attached to their wrecker, a police person on patrol wont stop and arrest them.  Often times the debtor will file false reports with the police reporting their car's stolen even though they knew the car was reposessed.

In my day when I used to repo cars, we even had a debtor who went out and reported the car stolen to his insurance company, and he managed to get a rental car from the insurance co.  He quickly lost the car when the finance company reported the car as repossessed , to the insurance company.  The debtor was facing serious Insurance Fraud charges after that.

The moral of the story is, after you hit 30 days late, beware, because people will come to your home, and attempt to leave you without transportation.  So just pay on time, and you wont have that worrry.