If you have missed payments on your car or had a lapse in your insurance, the finance company may start the process of self-help repossession. Even if you have defaulted on your auto loan, there are limits on the ways in which a the lender can complete a car repossession and what a repossession agent can do to company an auto repossession. Consumer laws protect individuals before, during and after a repossession company takes a vehicle.
What Makes a Repossession Wrongful?
Nearly all states' repossession laws place two major limitations on repossessions. First a creditor cannot repossess vehicles unless the borrower has defaulted on their car loan. Most often this means missing loan payments or paying when the bill is past due. If you have a payment history that includes late payments, your lender may be less willing to allow you to miss a payment, and a single missed payment is often enough to justify a repossession. Additionally, most loan agreements require that the consumer maintain insurance of the vehicle. Either of these would be sufficient reason to send a repossession company. Second, a repossession company may not commit a breach of the peace while taking a vehicle. This means that they may not enter a locked garage or yard without your permission or a court order. Any breach of the peace during a routine repossession, converts those actions into an illegal repossession. Finally, repossession companies are not allowed to ask for the help of law enforcement in completing a repossession.
If a repossession agent violates your consumer rights in either of these ways, then it has wrongfully repossessed your vehicle, and you may be entitled to get your vehicle back along with your personal items and compensation. If you would like to know more about wrongful repossession, call our office for a free consultation and legal advice about your sitiuation, (888) 400-CREDit | (888) 400-2733.
Does the Lender Need to Send Me A Repossession Notice?
In most states (including Michigan) and a lender does not have to send a notice before sending a tow truck to completed a vehicle repossession. But, after a repossession to enforce a security interest, a lender must must follow the proper procedures for sale of a the car. This includes sending two notices after the repo: 1) a notice intent to sell your vehicle. This notice should inform the consumer whether their car will be sold at a private sale or public used car auction, and 2) a notice of deficiency balance following that sale. This notice should describe after the amount recovered is deducted from the loan balance at the time of the repossession.
Consumers facing a deficiency law suit have the legal right to both of these notices.
Can I Get My Car and Personal Property Back?
Most state laws that limit how and when a repo agent can take your car also provide legal ways to get your car and personal property back from the repossession agency. While these consumer rights are generally available, most consumers will need the help of an attorney to help with the repossession process and dealer with the court system. Fortunately, a federal law (the Fair Debt Collection Practices Act or FDCPA) provides that consumers who successfully sue a repo man can also sue to have their attorney's fees paid for by the other side. If you would like to find out if you can get your car back and have your attorney's fees paid, call us toll free to find out your rights today. Contact our repossession lawyer now, (888) 400-CREDit | (888) 400-2733.
No Fees for Help With Your Police Repossession
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 an attorney-client relationship with a repossession attorney today. (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
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What are your practice areas?
Our law firm helps consumers with all types of wrongful repossessions, including spot deliveries, dealership yo-yo sales, police-assisted repossessions, and repossessions where consumers are current on their loans. If you would like to find out if we can help you, call us toll free now (877) 400-CREDit | (877) 400-2773 or contact us now through this site.
Where do you practice?
Our law 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 jurisdictions where we are not licensed: California, Connecticut, Florida, Georgia, Illinois, Kentucky, Louisiana, New York, Ohio, Oklahoma, and Virginia. Disclaimer: We do not practice under California law or in the Los Angeles area. 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 are looking for an attorney to help in one of our service areas, call us toll free at (888) 400-CREDit| (888) 400-2733 or contact us now through this site.