Reposession

by Gina
(Alhambra, CA USA)

If you make a partial payment on a piece of equipment after 6 months. Can they still repossess it? Or does the acceptance of the payment save you from repossession?

Comments for Reposession

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Feb 15, 2010
respossession of equipment
by: Gerri

Gina,

Thanks for submitting your debt collection question on our debt collection questions and answer page.

There is a common misconception that as long as you pay your creditors/collectors something, they can't sue you, repossess your vehicle/equipment, or turn your account over to collections.

If you are in default on your contract with the creditor, it is likely they are able to repossess the collateral for the debt. Of course, this will depend on the terms of your contract, the type of debt, and your state's laws.

I assume this is a business debt, not a personal one, since equipment is involved. If it is a business debt, then the Fair Debt Collection Practices Act does not apply. If it is a personal debt, then the lender must follow that law.

If you work out something with the lender to catch up on your loan, it is important you get that in writing. It's also important that they agree, in writing, not repossess the equipment if you meet the terms of the new agreement.

I would strongly encourage you to find out what laws/consumer protections apply in your situation. You can talk with a consumer law attorney with experience in debt collection cases. Learn how to get low cost or FREE legal help with your debt collection problem here.

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