car repossession<\/a>.<\/p>\nMy car was repossessed.\u00a0 Now what?<\/h2>\n
![\"Deficiency](\"https:\/\/www.consumerslaw.com\/blog\/wp-content\/uploads\/2019\/09\/Deficiency-Notice-300x200.jpg\")
After the lender repossesses your vehicle, they will most likely sell it at an auction or through a private sale. The borrower will receive a letter from the lender with details about when and where a sale will occur. \u00a0This letter may be called a Notice of Intent to Sell Property.<\/p>\n
However, after the sale, the proceeds may not cover the amount to satisfy the balance owed on the auto loan. This amount is known as a deficient balance.\u00a0 The lender is required to send the borrower a second written letter, called a Deficiency Notice, stating the deficient balance owe, plus any additional charges, such as repo and storage fees. Even if you do not have the vehicle, you still have a financial obligation to the lender until the loan has been satisfied.<\/p>\n
Collectors are calling for payment of my loan balance.<\/h2>\n
![\"Unwanted](\"https:\/\/www.consumerslaw.com\/blog\/wp-content\/uploads\/2019\/09\/collection-phone-calls-300x200.jpg\")
After the sale of a repossessed vehicle, the lender may choose to collect the deficient balance through a collection agency or collection law firm.\u00a0 The borrower may receive collection calls or letters demanding payment. Collection contact must comply with the federal law called the Fair Debt Collection Practices Act. This law offers protections to consumers from aggressive collection tactics — whether the debt is owed or not.<\/p>\n
I\u2019ve received a summons to appear in court.<\/h2>\n
![\"Subpoena\"](\"https:\/\/www.consumerslaw.com\/blog\/wp-content\/uploads\/2019\/09\/Subpoena-300x199.jpg\")
The lender may decide to file a lawsuit against the borrower to collect the deficient loan balance. If you receive a summons from the court you must contact the court to let them know of your plan to defend the matter.\u00a0 You may choose to represent yourself, pro se<\/em>, or hire an attorney to represent you.<\/p>\nIF YOU HAVE BEEN SUED DO NOT IGNORE THE SUMMONS FROM THE COURT<\/strong><\/p>\nIf you do not show up in court, the case will proceed without you and a default judgment could be entered against you.\u00a0 This means that a judge has ruled against you in non-criminal court, and you will be required to pay the damages or judgment amount.<\/p>\n
A judgment was entered against me.<\/h2>\n
If a judgment was entered against you, you must address it.\u00a0 Even if it\u2019s a mistake and the debt doesn\u2019t belong to you, you will need to take action to get it resolved. Just remember, judgments are dangerous. The lender could choose to take steps, such as garnish a bank account, place a lien on the borrower\u2019s personal property, or in some states, garnish wages.<\/p>\n
The credit bureaus list the repossession and judgment.<\/h2>\n
![\"Poor](\"https:\/\/www.consumerslaw.com\/blog\/wp-content\/uploads\/2019\/09\/Credit-Bureau-Report-300x200.jpg\")
Just as lenders will report auto loan payment histories to the credit bureaus, repossessions and judgments for deficient balances will be reported as well.\u00a0 Judgments are considered public records, which \u00a0means anyone has access to view those court filings \u2013 even prospective auto lenders, existing creditors, or possibly, employers or landlords.<\/p>\n
Judgments can remain on a consumer credit file for 7 \u00bd years from the filing date.\u00a0 Once a judgment has been paid, a \u201cSatisfaction of Judgment\u201d will be filed with the court and your credit report updated to show that the judgment is no longer owed.<\/p>\n
Get Help from a Qualified Consumer Protection Law Firm<\/h2>\n
Flitter Milz is a consumer protection law firm experienced in representing consumers who have suffered from vehicle repossession, abusive collection contact, judgments from auto loan deficiencies and credit reporting errors listed by auto lenders.\u00a0 Contact us for a free consultation and to find out how we can help you.<\/p>\n
![\"\"](\"https:\/\/www.consumerslaw.com\/blog\/wp-content\/uploads\/2020\/05\/Contact-Us-Button-1.png\")
<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Perhaps the worst thing about having your car repossessed is that even after your vehicle is gone, your lender may not be done with you. In some cases, lenders may file lawsuits against borrowers to recoup what they\u2019re owed. In this blog post, we\u2019ll look at what\u2019s involved with being sued after a \u00a0car repossession.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2,4],"tags":[42,36],"_links":{"self":[{"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/posts\/1393"}],"collection":[{"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1393"}],"version-history":[{"count":7,"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/posts\/1393\/revisions"}],"predecessor-version":[{"id":2090,"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/posts\/1393\/revisions\/2090"}],"wp:attachment":[{"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1393"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1393"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.consumerslaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1393"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"Lawsuit](\"https:\/\/www.consumerslaw.com\/blog\/wp-content\/uploads\/2019\/09\/Lawsuit.jpg\")
<\/p>\n