Wrongful Repossession

The Repo Man isn’t fiction - he’s very real, and is feeding off the recent economic downturn by preying on unsuspecting hardworking Americans. If you miss just one car payment, you may very well wake up one morning and find your vehicle gone. But, state law imposes limits on how your creditor may repossess your car and resell it. If any of these state procedures are violated while in the process of repossessing your car, your creditor may loose certain rights against you and may be required to pay damages to you.

Before a creditor can repossess your car, certain conditions must be met. First, your loan must be in default at the time of repossession. The most common way to "default" on a loan is the failure to make monthly payments on time. However, if the creditor has accepted late payments in the past, the creditor must first provide you with notice in writing of their intent to repossess your car. If a creditor accepts your late payment, they cannot repossess your car until you have again defaulted on the loan.

In addition, the creditor cannot "breach the peace" during the course of a repossession. For example, the creditor cannot use threats or physical violence to repossess the car. Also, the creditor cannot break into a locked garage or use a duplicate key to gain entry into a locked area.

Be sure to document every single interaction you have with the creditor and Repo Man. If you believe an illegal break in occurred, be sure to report the incident to police so that the incident is recorded and can be used during legal proceedings.

If your car has been wrongfully repossessed, you have the right to sue the creditor and Repo Man for damages. Damages typically include the cash value of the car and sometimes more. I handle all wrongful repossession cases on a contingency fee basis, which means you don’t have to pay anything for legal services unless I recover money for you.

Sick of the Repo Man haunting your dreams? Please give us the opportunity to assist you by making use of this website’s Appointment tab for a confidential consultation. Or, give our office a call at (253) 517-8767 or email us at Info