What can I do when facing repossession even though I pay? How? 11 Answers as of June 10, 2015

I have been using priority mail with delivery receipts to submit monthly installment payments on a motorcycle. The finance company does not consistently cash the checks and are now threatening repossession for non-payment. When I offer the delivery proof, they tell me it doesn't matter because they didn't cash the checks and I should make immediate payment over the phone. It seems like they cash one out of every 3 checks that I send.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
What do they get out of conducting business in that manner?
Answer Applies to: Georgia
Replied: 6/10/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
I would switch payment to money orders rather than checks. If they didn't cash the checks then they were not legally paid.
Answer Applies to: Utah
Replied: 6/9/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You need to file a lawsuit against them for violations of consumer protection laws. Contact an attorney.
Answer Applies to: Michigan
Replied: 6/9/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
I smell a rat. Seek counsel with an experienced fraud lawyer. Good luck.
Answer Applies to: Alabama
Replied: 6/9/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You could let them know that you have a record of all payments, that they should cash all the payment checks which they receive, and if they try to repossess the vehicle, they will find themselves in Court, defending a federal Truth in Lending lawsuit, and any other kind of action which a resourceful lawyer may discover or invent. But their not cashing the checks does raise a problem, of course, which is that they have not been paid. You might insist on their returning all the uncashed checks, and only then make a telephone payment of the total amount. You could also file a grievance or complaint with the state agencies which handle consumer matters, for example the Division of Motor Vehicles in the state Dept. of Transportation, the state department of justice, or in Wisconsin also the department of Agriculture...and Consumer Protection. Good Luck.
Answer Applies to: Wisconsin
Replied: 6/9/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    It is their responsibility to cash the checks, so if you are sending them on time, you are in the clear. Under the Uniform Commercial Code, when you get a check to them, you are "tendering" payment. If they threaten to repo the vehicle, that is a violation of the air Debt Collection Practices Act. If they keep it up, they might end up paying for your motorcycle themselves.
    Answer Applies to: New York
    Replied: 6/9/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    They are not entitled to manufacture a default in this manner. Also, insisting on an ACH debit as a means of repayment is illegal. I would tender the payment as requested, stop payment on the checks that have not been cashed, and then sue them.
    Answer Applies to: Illinois
    Replied: 6/9/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Surely, you can defend and sue if you face baseless repossession/suit, but you don't need that. I'd set up electronic payments. It sounds like to much meth abuse at the biker sales outfit.
    Answer Applies to: California
    Replied: 6/9/2015
    Gates' Law, PLLC | Thomas E. Gates
    Retain an attorney, it sounds like a shady practice. If you have proof of delivery, then you have met your obligation. They would have to prove they did not receive the check or that they was lack of funds to pay.
    Answer Applies to: Washington
    Replied: 6/9/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Get a bankruptcy lawyer, ASAP.
    Answer Applies to: Michigan
    Replied: 6/9/2015
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You don't say whether you are submitting the checks in a timely fashion, or whether you are submitting partial payment. I need more info to answer.
    Answer Applies to: Washington
    Replied: 6/9/2015
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