Fight Unlawful Vehicle Repossession
Illegal Vehicle Repossession
Vehicle Repossession Attorney
As a consumer, you have rights when it comes to vehicle repossession. There are steps that your lender and repossession agent have to follow in order for the repossession to be legal.
If you think you may have been involved in an unlawful car repossession, working with an attorney may help you recover your vehicle. A repossession attorney can help you understand the repossession laws and determine if you have a case for a wrongful repossession lawsuit.
Denbeaux & Denbeaux Law is a New Jersey law firm that fights for consumer rights. Contact us today to learn more about how we may be able to help you with your vehicle repossession.
What Is An Illegal Repossession?
Recognizing Unlawful Repossession Practices
A repossession is when a lender takes back a vehicle you’ve fallen behind on loan payments for after a certain period of time. Repossessions are usually done through a repossession agent.
If your lender or the repossession agent doesn’t follow the proper procedures for repossession, the entire repossession is illegal. When this happens, you may be able to recover your vehicle your payments, or even get a judgment against the repossession agent or lender.
Common Illegal Repossession Scenarios
- Lender error showing incorrect delinquency
- Lender error showing lien that has been paid off
- Repossession agent error when seizing the car
- Repossession agent seizing the wrong car
Even if none of these happened in your case, you still may be able to fight an illegal repossession.
Repossession Agent Guidelines
There are a lot of things that repossession agents can’t do while taking your vehicle. Repossession agents can’t:
- Use or threaten to use physical violence or force while taking your vehicle
- Damage your car or your property during repossession
- Come into your home without an invitation
- Enter a closed garage to access your vehicle
- Involve the police
If the police are on the scene, the repossession agent can’t have them threaten to arrest you or ask them to order you to turn over your keys.
A repossession agent breaking any of these rules violates your rights. It’s important that you document the repossession process with photos and videos so that you have proof that your rights have been violated. You can also create a written statement of events and get witness statements if available.
An attorney can help you compile your evidence and statement as you prepare for your wrongful repossession case.
Lender Guidelines
For a lender to repossess your car, you have to be behind on your loan. Vehicle repossession is illegal if you’re up-to-date on your loan payments. After your car has been repossessed, your lender is required to send you certain notices about the repossession process.
If the lender fails to meet any of these rules, the repossession is illegal, and you may have recourse to hold the lender accountable.
Notice of Intent to Sell Property
The first required notice is the lender’s intent to sell your property, which is sent after your vehicle is repossessed. This letter should confirm that your lender has repossessed your vehicle and inform you of your outstanding balance, the amount required to recover your vehicle, the location of your vehicle to recover your personal belongings, and the amount of time you have to act before your vehicle is sold.
Lenders get some discretion in the amount required for you to pay to recover your vehicle. Your lender may just ask for your outstanding balance, but they could also require you to pay your entire loan amount.
Deficiency Note
A deficiency note is a letter sent by your lender after your vehicle has been sold at an auction or through a private sale. This letter informs you of the amount your vehicle sold for, any repossession and storage fees you need to pay, and any remaining balance you may owe on the loan.
If your vehicle sold for more than the amount owed on your loan, your deficiency notice will also include information on your surplus fund and how to receive it.
What Is a Wrongful Repossession Lawsuit?
You can sue for wrongful repossession if your vehicle has been wrongfully repossessed. In a wrongful repossession lawsuit, you can receive money for damages from your lender and/or your repossession agent and may be able to get your vehicle back.
Contact a Repossession Attorney Today
Vehicle repossession can be difficult and stressful. It’s important that you take the repossession seriously and pay attention to the actions of the repossession agent and your lender.
If you believe your rights have been violated and your car has been wrongfully repossessed, you should take action. When it comes to your belongings, there’s no time to waste.
A lawyer can take a look at your situation and help you determine if your repossession was unlawful. If there’s a case for a wrongful repossession lawsuit, a lawyer can help you with your wrongful repossession lawsuit.
Contact Denbeaux & Denbeaux Law today to learn more about how our illegal vehicle repossession lawyers may be able to help you get your vehicle back.