Understanding Consumer Law

How to Use this Resource

We hope the articles below help you understand your rights as a consumer. You can scroll through the titles, or sort by Practice Area or Topic. You can also use the search feature to locate information by keyword.

Flitter Milz represents people with a variety of problems involving consumer credit and collections. If you have a particular question or believe your consumer rights have been violated, Contact Us for a no cost consultation.

Risks of Repossession

What Are the Laws Governing Motorcycle Repossession?

Motorcycle on the road

When banks record an increase in credit losses and delinquencies, often there is an uptick in repossessions.  These indicators not only reflect repossessions of cars and trucks, but also pleasure vehicles, such as RVs, boats and motorcycles.

Fortunately for consumers, the laws that protect victims of car and truck repossessions, also apply to motorcycles, RVs and boats.

If you’ve fallen behind on your loan payments and are worried that your motorcycle, or other vehicle, is in danger of repossession, here’s what you need to know.

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What notices must my lender provide after repossession?

Car repossession

As we’ve written before, consumers dealing with car repossession still have certain rights, regardless of how behind they might be on their payments.

For example, you have the right to be kept safe from an aggressive or abusive repo agent. They can’t break into your garage, damage your property or vehicle, or threaten you with physical harm.

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5 Things to Do After Your Car Has Been Repossessed

Car being towed repossessed

Your car is hooked up to the tow truck. You’d been struggling for months to make payments, and now the thing you feared most has come true: repossession.

And you think to yourself:  What do I do now?  Where is my car?  Is there some sort of car repossession look-up service that can track it down?

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My Car Was Repossessed. Can I Get It Back?

Car being towed, repossessed

One of the worst things about car repossession is that it seems so final.

You’d fallen behind on your payments, and now that the repossession has happened, it seems like you’ll never see your car again.

But in the back of your mind, you wonder: “If my car is repossessed, can I get it back?”

You can. But it’s also important to make sure your rights are protected even if you can’t. Here are three things you can do if you’re dealing with a repossession.

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Repossessions: Know What to Expect – Before, During and After

“A Record 7 Million Behind on Car Loans”, The Philadelphia Inquirer, 2/13/19

The Federal Reserve Bank of New York reported that, “A record seven million Americans are 90 days or more behind on their auto loan payments.  Despite a strong economy, economists are warning that Americans are struggling. Although a car loan is the first payment people make because a vehicle is critical to getting to work, when car loan delinquencies rise, it is a sign that many American are under duress.”

BEFORE a Repossession:

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What Can I Do If My Car Was Repossessed by Mistake?

When you default on a car loan, your lender can repossess your vehicle. Most defaults come from someone failing to make their monthly payments. If you’re up to date on your payments and your car was repossessed, then clearly, a wrongful car repossession has occurred.

But even if you have missed payments, lenders and repo agents need to follow the law. If your vehicle has been unlawfully repossessed, you may be able to sue your lender and the repo agent.

Here’s what lenders and repossession companies need to do to stay within the bounds of the law:

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How Do You Get Your Car Back After Repossession?

You don’t park your car in front of your house anymore.

It’s been a few months since you were able to make a payment and you’re worried about repo men showing up in the middle of the night.

What you didn’t anticipate is the repossession firm showing up where you work. Suddenly, you have no car, no way to get back home, no way to get anywhere.

This can be a devastating situation, but it’s not a hopeless one. Even though your car has been repossessed, it doesn’t mean you can’t get it back.

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How Do I Get My Repossessed Car Back in Pennsylvania?

Vehicle repossession is inconvenient and worrisome, but it is possible to get your car back.  After the repossession agent comes, the lender is to send the borrower a repossession notice, frequently called a Notice of Intent to Sell Property.  This notice will inform the borrower of terms to get the vehicle back.  Sometimes the lender will demand a full loan payoff, while other times, past due payments may be accepted.  This notice informs the borrower of the vehicle’s location, the cost of repossession and any storage charges.  The borrower usually has 30 days to arrange for retrieval of any personal property from the repo lot.

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Servicemembers Civil Relief Act (SCRA)

Protection from Repossession

The Servicemembers Civil Relief Act (SCRA) provides special protections for active service members that have defaulted on car loan payments.  To qualify, servicemembers must have signed the loan agreement, and paid at least the deposit or first installment payment, before entering military service. To repossess a vehicle, the lender must obtain a court order.

Reasons for Repossession

Vehicle repossessions occur for a number of reasons. Most often, a vehicle is repossessed due to missed payments or the lapse of insurance. When a car is repossessed, lenders need to follow the law, whether payments were missed or not. If the lender overlooks the law, the servicemember may bring a lawsuit against the lender.

Requirements AFTER Repossession

After a vehicle has been repossessed, the lender is required to send proper notices to the borrower. Shortly after the repossession, the lender will send a letter called a Notice of Intent to Sell Property, which confirms the repossession occurred and details terms for to retrieve the vehicle. If the borrower is not able to meet the terms, the lender may choose to sell the vehicle at an auction or private sale. Once the sale has taken place, the lender will send a second letter called a Deficiency Notice, which informs the borrower of the sale price of the vehicle and any remaining balance due.  If the borrower is not notified properly, there may be grounds to file a lawsuit against the lender.

Credit Reporting and Car Repossession

If a servicemember’s vehicle has been repossessed, he or she may face loss or denial of a security clearance, or other types of punishment based on mismanagement of their finances.  In addition, credit reports may list delinquencies or the repossession and lower credit scores, which make it difficult to obtain a new loan.

All consumers are entitled to receive one free credit report every twelve months directly from Transunion, Experian and Equifax.  Check your credit reports , and make sure the information is accurate.

Seek Legal Assistance

Servicemembers that have fallen behind on payments for auto loans and are facing repossession should seek the advice from a qualified consumer protection attorney to advise on their consumer rights.

Flitter Milz is a nationally recognized consumer protection law firm who knows the laws to protect borrowers from wrongful repossession and inaccurate credit reporting. Contact us for a no cost consultation.

Pictured above:  Attorneys Cary Flitter (center), Andy Milz (left), Jody López-Jacobs (right).