Q: My auto loan company violated my rites under the California Military Families Financial Relief Act.
I was activated 3 times recently. Twice for overseas deployments in 2019 and 2022, plus 1 time for training in 2022. All 3 times, my request was denied verbally, never in writing. I submitted the letters prepared by JAG and they said, we do not honor that. Only USERA. I made a request for a reply in writing through their web chat and over the phone to no avail. When I fell behind in payments, they locked me out of their website making it difficult to download all communication I had with them. Yesterday, they repossessed my vehicle. What are my legal options?
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- California
- (916) 704-3009
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- Answered
A:
Under California law, you have several options to address this situation. The California Military Families Financial Relief Act provides specific protections for service members, including deferring payments on certain obligations like auto loans during periods of military service. Since your request was denied verbally without written explanation and you submitted the proper documentation, you may have grounds to take legal action.
First, gather all evidence, including the letters from JAG, records of your attempts to contact the loan company, and any responses you received. Document everything related to your activation and deployment dates, as well as any communications about the denial of your request. This evidence will be crucial in proving your case.
You can file a complaint with the California Department of Business Oversight, which oversees financial institutions and may be able to assist you in resolving the issue. Additionally, consider consulting with a legal professional who can help you understand your rights and possibly represent you in recovering your vehicle and addressing any wrongful actions by the loan company. Legal action may also involve seeking damages for any financial harm caused by the wrongful repossession of your vehicle.
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