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contract law

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#1 marquezed1


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Posted 04 April 2012 - 10:27 PM

i live in california,i fell behind on an auto title loan,an agent called me and offered to garnish my monthly ssi payments to repay loan,i accepted,isnt this an offer & acceptance,a legally binding contract,i have this conversation recorded on my cell phone,now the recovery department is attempting to repossess my vehicle,including reporting the vehicle stolen under california penal code 154 and 504a,shouldnt they be living up to the terms above mentioned contract,please help,*******

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#2 RetCopPrlgl


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Posted 05 April 2012 - 12:46 AM

Your Federal benefits (SS or SSI) cannot be garnished, nor can they be "assigned" to a collection agency or a lender.

A collector cannot claim you've committed a criminal offense, either.  It's not a crime to fall behind on a loan.  The car isn't stolen.

If you've not made payments, they can repossess the vehicle.

You don't have a contract regarding the "assignment" of your SSI.

You DO have a contract with regard to paying the title loan.

You might want to contact the California Department of Consumer Affairs.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.

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