What a Michigan Repossession Attorney Can Do for You
When consumers take out a car loan, the financing agreement give the lender a security interest in the vehicle. If you default on the loan by missing your timely payments or not keeping insurance,the finance company can take the car without suing first. This process is called "repossession," and state and federal law give consumers rights before, during and after a repossession. Many lenders, car dealers, and repossession companies break these laws protecting consumer. If you need to find out your rights, call toll free for a no-charge initial consultation, (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
Sue for A Wrongful Car Repossession
A vehicle repossession can make life nearly impossible for a family. Late payments and are not the only reason why lenders repossess cars. Sometimes, finance companies fail to properly credit car payments or impose past due charges even though payments were made on time under the loan agreement. If your Michigan car was taken wrongfully, find out your rights now, (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
Get Your Car Back
If your car was wrongfully repossessed, a repossession attorney can go to court to get your car and your personal belongings back, without having to pay illegal fees costs or an accelerated loan. State laws only allow businesses to start a vehicle repossession if the consumer has default on their loan in some way. And then, they can only take the car if they can do so without violence or an objection.
Finance companies and car dealers regularly break this law, take consumers' vehicles without a late payment or take the car over the consumer's objections to the repossession agent. In these cases, consumers may be entitled to the return of their car, and are always entitled to their personal property that was in the car, and you may not have to agree to complete repayment to get your car back.
A repossession attorney can help to get the car back and negotiate the reinstatement of the car loan. Find out if you can get your car back now, (877) 400-CREDit | (877) 400-2773 or contact us online through this site.
Defend Your Deficiency Balance Case
If you have had a car repossession, your creditor will likely sell the vehicle at an auction leaving a deficiency balance arising from unpaid loan balance. To collect that money, the lender will need to sue for a court order establishing the total due. If you have been sued and a repossession attorney can provide a free initial consultation and help defend you against a deficiency balance. If you want to learn more about repossession law, and how we can help, call (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
Sue Violent Repossession Agents
Repossession agents are not allowed to use violence or threats of violence when taking a car. If they cause a breach of the peace, they lose the right to continue the repossession. Our attorneys offer a free consultation for victims of wrongful repossession. Call today, (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
Sue Police and Law Enforcement who Help in the Repossession
Police are not allowed to help repossession agents take a consumer's car. Their only job during a repossession is to help to maintain the peace. If there is a breach of peace, then the police are required to restore the peace. When police overstep their authority, the federal civil rights law protects consumers and allows them to sue the police who helped with the repossession. If the police helped to take your car, we can provide a free initial consultation to find out if you can recover compensation. Call (877) 400-CREDit | (877) 400-2773 or contact us online through this site.
Many consumers believe that the only way to save their car after a repossession is hire a bankruptcy attorney to file bankruptcy for debt relief. You don't have to file chapter 7 bankruptcy or chapter 13 bankruptcy to get help.
In many cases, a wrongful repossession can result in a recovery that can get you back on the road. If your car was wrongfully repossessed, you may be eligible to have your car returned, your past due payments waived, and your loan balance brought current, all without having to pay repossession costs or fees. If your car was repossessed illegally, we can help get your car back and get a livable payment plan for you. Bankruptcy law can help with a pending foreclosure, credit cards, debt collectors and garnishments for unsecured debt, but if your Michigan car was taken illegally this is not the answer. You don't need a bankruptcy lawyer to find out your rights under Michigan consumer protection laws. Call today (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
If your car has been repossessed, you need legal advice quickly. Our attorneys can give general information about repossessions, and we are available for free initial consultations about your specific situation. We understand repossession process and can quickly review your case and help get you back on the road again. Our firm only charges contingency fees. That means that you only pay if we are able to recover for you, and your fees are paid by the other side. The attorneys of the Lyngklip & Associates law firm have been representing consumers in wrong repossessions and car dealer scams for 30 years. If you are looking for an attorney-client relationship with an experienced repossession lawyer, call our law office today for your free initial consultation (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
What is the repossession process?
If you have fallen behind on your monthly payments, creditors who have a lien on your car can repossess without filing a lawsuit or sending you a notice of intent to repossess. Finance companies do not need a court order, and they generally prohibited from asking law enforcement to help in the process. Many times, these repossessions happen at night, when repossession agents can avoid confrontations with the consumer. After the car is taken, the lender is required to send a notice of any sale of the property. That notice will contain a listing of your rights to participate in the sale. After the sale, the finance company must send an itemization of the amount owed, accounting for any deficiency, late fees, and repossession costs under your loan agreement. If you don't pay that amount, the creditor can sue you for the deficiency.
Our lawyers can help defend your deficiency action, without any up front fees or costs. (248) 208-8864.
Does a lender need a repossession order to start an auto repossession?
No. Under Michigan law, if you have agreed to a “lien” or “security interest” on your car note, the lender had the right to repossess the vehicle to cover the unpaid loan balance. They do not need a court order.
Can I sue if a lender breaks the law during a vehicle repossession?
Yes. If a repossession agent takes your car while breaching the peace, you can for wrongful repossession. Also, if the car lender charges you for a wrongful repossession, you can sue to recover those illegal fees.
Can I sue the repossession agent and repossession company that took my car?
Yes. The repossession companies and repossession agents can both be held responsible for any illegal repossession. This means that you can sue to recover damages if they have broken into your garage or yard, or if they have breached the peace during the repossession.
What is a “Breach of the Peace” and how does it impact my auto repossession case?
A breach of the peace is any disturbance or confrontation that is likely to lead to violence or other illegal action, like an assault, a trespass or a car theft. Most often, it arises when a consumer objects to the repossession and the the repo agent ignores the objection. Similarly, if the police have been called to the scene, that is also a breach of the peace.
Can a repossession agency take my car from a locked garage or yard?
No, breaking into a locked garage or yard is a “breach of peace” and it is illegal. If a repossession company broke into your garage or yard, you can sue for damages to your property and for the illegal auto repossession.
What are my legal rights if a finance company or other creditor breaks the law during a car repossession?
You have two major rights that can be enforced in a lawsuit. First you have the right to recover damages for any harm done by the repossession agents or illegal fees charged by your lender. Second, if your car was illegally taken, you can sue to recover the vehicle.
Should I file for bankruptcy?
Not unless you were already a good candidate before your car was repossessed. Bankruptcy provides some protection like an automatic stay, but if your car was taken illegally, bankruptcy won't provide any additional protection for you. Specifically, the stay won't help because your car is already gone. And during a Chapter 7, you forfeit your right to sue in your own name, any you won't likely get anything from a lawsuit. Instead your creditors will get any settlement. If your car was illegally taken, the law provides you with both the right to recover the vehicle and to get (and keep) compensation for the breach of your rights.
Do you practice in California?
No, our firm is based in Michigan and we do not represent California consumers. If you need help with a Southern California or Los Angeles repossession, contact attorney Alex Trueblood of the Trueblood Law Firm. If you need help in Central California or .San Francisco, contact the firm of Kemnitzer, Barron and Kreig. Both of these firms are familiar with California law and are available to
Your Attorney's Fees Paid for By The Other Side
Ian Lyngklip has been litigating repossession and consumer protection cases for nearly 30 years. He can help you recover compensation for your police repossession. We won't charge you any up front fees for a consultation, and if we file a lawsuit for you, your fees are paid by the other side. There is no charge unless we recover for you. Call now for help to keep mistaken death records off your credit reports, (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
Free Phone or Zoom Consultation
There's no need to fight the credit bureaus by yourself. Get the representation of Michigan's most respected credit reporting attorneys. Call now (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
The Other Side Pays Your Fees
If you have been the victim of a Car Dealer Spot Delivery or a Police Assisted Repossession, help is here. We won't charge you any up front fees for consultation, and if we file a lawsuit for you, your fees are paid by the other side. There is no charge for a consultation.
Where do you practice?
Our office is located in Metropolitan Detroit, Michigan. We practice throughout the entire state, and we have been admitted to practice and made appearances in several other states where we are not licensed: California, Connecticut, Florida, Georgia, Illinois, Kentucky, Louisiana, New York, Ohio, Oklahoma, and Virginia. If we are unable to practice in the state where your case needs to be filed, we can make a referral to another qualified credit report attorney near you.
If you live in the state of Michigan, our office covers all major communities in the state, including
Wayne County — Detroit, Dearborn, Dearborn Heights, Livonia, Redford Charter Township, Northville, Plymouth, and Westland.
Ingham County- Lansing, East Lansing, and Holt.
Livingston County — Howell, Brighton, and Fenton.
Genessee County — Flint, Corruna, Owasso.
Macomb County — Clinton Charter Township, Roseville, Sterling Heights, and Warren.
Oakland County — Birmingham, Farmington Hills, Novi, Oak Park, Rochester Hills, Royal Oak, Walled Lake, Flint Waterford Charter Township, Southfield, and West Bloomfield Charter Township.
Ottawa County — Holland.
Saginaw County — Saginaw.
St. Clair County including Port Huron.
Washtenaw County — Ann Arbor, Ypsilanti, Chelsea, and Saline.
Office Location, 13751 W. 11 Mile, Oak Park, MI 48237. If you are looking for an attorney to help in one of our service areas, call us toll free at (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
The Federal Trade Commission (FTC) has more information about consumers' rights and repossessions.
Lyngklip & Associates Fights Wrongful Repossessions
Even if you were behind on your payments or defaulted on your financing, you still have rights. Finance companies are not allowed to break into your property or use the police to help in the repossession. Call today for a free consultation, (877) 400-CREDit | (877) 400-2773 or contact us now through this site.