If your car has been repossessed, there are important steps for the borrower to take. Acting quickly can help you protect your rights as a consumer. As well, it can assist in finding the location of the vehicle and present options to get it back.
1. Contact your lender first.
The lender is the financial institution that ordered the repossession, so they should be able to tell you right away if your car was taken and which repossession company has the car. In most cases, this is the fastest way to learn where your car is and how much money you might have to pay to get it back.
2. Contact the Local Police Department
You can also contact your local police department. Because most people assume their car was stolen when it’s not where they left it, repo companies usually report repossessions to the police, so the police may have a record of the event. This can help confirm that your car was not stolen and was instead repossessed.
3. Request Details from the Lender
Once repossession is confirmed, ask your lender for specific details. You should request the name of the repossession company, the address where the vehicle is being stored, and a phone number for the storage location.
Repossessed vehicles are usually taken to a storage lot or impound yard and held there until the lender decides to sell the vehicle at a private sale or auction.
It is important to gather this information as soon as possible. Delays can make it harder to take action and may result in additional fees being added to the amount of money required to get your vehicle back.
4. How to Retrieve Personal Property
Even after repossession, your personal property inside the vehicle still belongs to you. In most states, the repossession company must allow you to recover your personal items for at least thirty days after the repo. Make sure to retrieve your property within that time so you don’t risk losing it.
5. Must I sign a release at the repo lot?
When you go to pick up your car, the repo company may try to have you sign a “release.” A release is a contract where you would waive legal claims against the repo company in exchange for getting your car back. Do not sign one if possible. If the repo company requires you to sign a release, read it carefully and only agree to release claims related to damage to the car. If your car has been damaged in the repossession, do not sign a document saying your car is in good condition—or else you could be waiving your legal rights.
6. Repossession Notices
The lender is required to send the borrower a written notice after the repossession. This notice, frequently called a Notice of Intent to Sell Property, will include important information about your vehicle and your account. It should tell you where the car is being held, how much you owe, and whether the lender plans to sell the vehicle. It may also include a date by which action must be taken before the car is sold. In some cases, you may be able to get your car back by making the past due payments plus expenses of the repossession. But in many cases, the lender can require you to pay off the full loan balance. This depends on your contract terms and what state you are in. Review this notice carefully. It provides key details about your rights and the next steps available to you.
7. Repo Agents must follow the law
It is also important to understand that repossession agents must follow the law. They are not allowed to use force, threaten you, damage the vehicle, or break into locked property—such as a garage, to repossess the vehicle. If a repossession involves this type of conduct, it may be considered unlawful.
Seek Qualified Legal Help
Do you believe the repossession of your vehicle was handled improperly? You may have legal rights and should consider speaking with us. Because time is a factor, you should act quickly after learning that your car has been repossessed. Storage charges from the repo lot can increase over time. If the borrower does not take any action, the lender may sell the vehicle at a private sale or auction. After a sale, the lender will send a letter to the borrower which states any deficient balance owed to satisfy the loan.
Flitter Milz has represented consumers who have had a vehicle repossessed. Contact Us for a no-cost consultation. In most cases, if your consumer rights have been violated, there is no fee until we recover for you.
Toll Free: 888-668-1225 Email: consumers@consumerslaw.com
