When you search for a car online and see an advertisement for a vehicle which claims to have a “clean Carfax” – what exactly does that mean? I believe there is a general misunderstanding of the relationship between a clean Carfax and a clean title. Some people believe a clean Carfax means there is clean
Did you buy a car but have not received title?
When a seller sells a car to you, he warrants that he has good title and will give good title to you. State law requires that the dealer provide title within 30 days of date of sale. If the purchase price is being financed, the title will note the bank or financing company as the
When Your Car is Repossessed
Get your property back. Be careful what you sign. Contact the repossession agent to recover any personal items which were left in your vehicle. Sometimes repo companies charge you for retrieving your property. This is illegal but you may have to pay to get your stuff and consider legal options later. Make sure the lending
When your Car is Repossessed
GET YOUR PROPERTY BACK BE CAREFUL WHAT YOU SIGN Contact the repossession agent to recover any personal items which were left in your vehicle. Sometimes repo companies charge you for retrieving your property. This is illegal but you may have to pay to get your stuff and consider legal options later. Make sure the lending
Consumer Myth #2 – You can be arrested for failure to pay a debt.
Many consumers I speak to believe this. But it is not true. Failure to pay a debt is a civil matter, not criminal. This is true even for pay day loans. If debt collectors threaten filing criminal charges if you don’t meet their demand for immediate payment, not only is the threat a violation of
Consumer Myth #3 – A financing company or bank must give advance notice of intent to repossess.
Texas law does not require a finance company or bank to notify a consumer that their payment is late, that it is eligible for repossession or scheduled for repossession. Under most motor vehicle installment sales agreements, if your payment is one day late, the secured party may repossess your vehicle. Many people think there is
Consumer Myth #4 – When your car is repossessed, whether voluntarily or involuntarily, you have no further obligation of payment.
It is a rare instance when there is no further obligation after a car is repossessed. First, whether the repossession is voluntarily or involuntarily makes no difference in whether additional sums are owed. Also, a bank or finance company has the same duties under the law whether the repossession was voluntary or involuntary. If a
Consumer Myth #5 – A divorce decree can remove a spouse’s liability from joint liability such as a mortgage, car payment or credit card account.
This is not true unless the mortgage company, car finance company or credit card company is a named party to your divorce case. Before the divorce was filed, you had a contract with the mortgage company, car finance company and credit card company. A divorce decree cannot change either of those contracts without the permission
Consumer Myth #6 – If my car stops working, I may stop making payments.
Unfortunately, the car not working or suffering a mechanical breakdown is not a defense or legal reason to excuse making timely payments to the company financing your car purchase. If you miss a payment, under most financing contracts, and Texas law, the finance company may repossess your vehicle. One day late is sufficient to justify
Consumer Myth #7 – If I fail to pay a debt, my wages may be garnished.
In Texas, wages may not be garnished by creditors. This prohibition is established in the Texas Constitution. In Texas, wages may be garnished by the Federal Government for IRS debts or federally insured student loans. The Texas government may garnish wages for child support. No one not affiliated with either the Federal Government or the
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