After asking for an explanation or some type of arbitration the car was repo. I did paid the $5000 to get the car back. The car is listed on my credit report as a repo. Can I sue the company for my money back?
No one here can possibly know whether you are entitled to any money back, and you did not tell us why you believe the amount you paid was incorrect. You should review all your statements.
Debt Collection Attorney
An attorney would need to review the contract and your complete payment history to determine if you were overcharged. Based on the few facts you have given, it is impossible to tell whether or not you were overcharged.
Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.
The answer to whether you are entitled to money back would be found in your note, security agreement and payments made history. For example if your contract stated that you were to pay 60 equal payments and you made all of those payments and made all of your late payments and other fees provided by the note and security agreement, you would probably be entitled to sue for money damages. Be careful, however, because sometimes a contract will provide for 59 payments of one amount and a lump sum balloon amount for the 60th payment. I agree with the answer that you should get your note, security agreement and proof of payments and take them to an attorney to evaluate if you have a claim.
This answer expresses only general statements about bankruptcy and/or debt defense and does not constitute advice to you in any form and does not create an attorney client relationship between the party asking the question and the party providing the answer. Furthermore, all cases are fact specific and it is not possible to give you legal advice without a complete evaluation of your case or if you are already represented by an attorney. Therefore, this answer does not constitute legal advice of what you should do specifically in your case. You should seek local counsel to help you with your specific issues.