Repo Rights
Your Motor Vehicle Repo’ed? You’ve got
rights!
We’ve been helping consumers protect themselves from
unfair and deceptive merchants for nearly 30 years. We can
probably help you, too.
Has your car been repo’d? You may have more
legal rights than you think. If the repo man or loan company
does anything wrong in the repossession process, then they
can lose some or all of their legal rights against you. You
may even be able to get your car back.
In some cases, you can even make them pay you money.
If your car or truck was wrongfully repossessed, then you
may be entitled to compensation. To learn more about car
repo laws, call our automobile repo lawyers. Our Toll Free
phone number is 1-888-331-6422 or email us today for a Free
Case Review!
Your Repo Rights
If your car or truck is repo’ed and you have personal
property in it (like music cd’s or clothing, etc),
then they have to give the personal property back to you.
Normally the finance company or bank that has your loan
has the legal right to take your vehicle if you get just
one payment behind on the loan. They can take it any hour
of the day and with no advance warning at all. They can come
on your property to repossess your car or repossess your
truck too.
But car repo law does not allow the creditor to “breach
the peace” by making threats or using force. You don’t
have to unlock the car for them. You don’t have to
open the garage for them. You don’t have to help them
at all. But, hiding the car can be a crime in many states
if you do it with the intent of “hindering” a
secured creditor (like your loan company) from being able
to retrieve the car. Still, if the loan company, or repo
man, breaches the peace in order to repo your car or repo
your truck, then they may lose any right to get paid any
more money from you later.
Once your car is repo’ed, the loan company generally
can keep your car or truck, or resell it in either a public
or private sale. No matter what, though, the finance company
has to notify you on what will happen to your vehicle. In
most states, they must tell you if they want to keep it because
you probably have the right to demand that the car be sold
instead.
If the finance company took your car or truck and didn’t
have the right to do it, then you may be entitled to compensation.
Call our car repo lawyers at 1-888-331-6422 or email us
today for a Free Case Review!
State
Laws on Repossession
Before the loan company sells your vehicle, most state laws
require them to let you buy the vehicle back or “redeem” it
by paying off the loan and reasonable repossession costs.
In some states, you may be able to reinstate your loan by
paying enough money to get it caught up, usually, plus an
extra payment and the repossession costs.
If they decide to sell your car or truck at auction, the
law usually requires that they notify you of the repo auction
date so that you can attend and watch the bidding if you
want. You can even buy your car back at the auction, if you
want. The sale itself has to be conducted in a “commercially
reasonable” manner.
If your car is sold for more than what is owed on it, generally
the loan company has to give the excess money back to you.
Most of the time your car may be sold for less than what
you owe on it. If so, then the difference is called a “deficiency” and
they may still try to collect that debt from you by suing
you or hiring bill collectors to try to get you to pay up.
But, if the creditor doesn’t follow the law carefully
when they repo your car or repo your truck, or if they don’t
follow the law carefully when they sell it, then you may
not owe anything more at all.
The repo creditor claim against you for a loan deficiency
does not change just because you “voluntarily” give
them the vehicle, either. In a voluntary repossession in
Ohio the auto repossession can still end up costing you money
if you don’t fight back.
If your loan company threatens to repo your car or repo
your truck, try to work it out with them. Tell them when
you can get the payments caught up. Be honest with them,
but don’t make a promise you can’t keep. That
will probably make them mad enough to send out the repo man
and after they have taken your car or truck, it can be awfully
tough, or awfully expensive to get it back.
You may not be “stuck” if your car or truck
was wrongfully repossessed. If the finance company took your
car or truck and didn’t have the right to do it, then
you may be entitled to compensation. Contact our vehicle
repossession lawyers. Call us at 1-888-331-6422 or email us today for a Free Case Review!
