If your vehicle was repossessed even when your loan was not in default or the repossession process did not follow state laws, it is a wrongful repossession. Unfortunately, many people with car loans find themselves in this scenario and are left wondering about their legal rights.
Was the Repossession Conducted Lawfully?
When you sign an auto loan contract, the creditor has the legal right to repossess your vehicle if you default on the loan. However, they must obey the laws in your state regarding repossessions. They cannot violate your consumer rights during this process, even if you are late on payments or have been unable to pay.
It is another form of wrongful repossession if you are making your payments on time and your vehicle gets repossessed,
Proving Wrongful Repossession
It will depend on the circumstances as to how you can prove that your vehicle was wrongfully repossessed. If you were timely with payments, you will need to prove that the creditor had no right to take your vehicle. Your payment history, loan agreement, and proof of repossession are all pieces of evidence that can help in your case.
In circumstances where the creditor does have the right to repossess the vehicle, they must obey the laws. They are forbidden from breaching the peace to recover your car. Repo agents cannot threaten or use physical force when they take the vehicle.
Some states have laws that require notification of the intent to repossess the vehicle while others do not. If your state requires that consumers need to be notified in advance and that has not occurred, this would be a violation of the law. You should be given the chance to make the situation right if there is a discrepancy involving your payments.
Your state may forbid repo men from entering a gate or locked property to retrieve the vehicle. It may also have laws that forbid a repo agent from moving other vehicles that are blocking the one they need to repossess. In short, there are many complexities involving repossession law that are best discussed with an attorney to help you if your vehicle has been wrongfully repossessed.
How to Fight a Wrongful Vehicle Repossession
If your vehicle was repossessed when you were not in default on the auto loan or a breach of peace occurred when the creditor had the right to repossess the vehicle, you should document everything thoroughly. Write down every detail of your interactions with the creditor, including the date, time, and names of representatives who you spoke with during your call.
Take photos and videos of your damaged property as well as anything else that could serve as evidence of your wrongful repossession.Above all, you should speak with wrongful repossession lawyers about what has happened. They will be well-versed in the applicable laws in your state and will help protect your rights. If the repossession of your vehicle was wrong, you may be able to seek damages.