Was your vehicle repossessed by Clearview Federal Credit Union within the past 6 years?
Laws protect people that had a car, truck, motorcycle, boat or RV repossessed by the credit union. Whether the borrower fell behind on loan payments or not, the law protects the borrower from illegal repossession tactics. The credit union must follow the law, from repossessing a vehicle, to sending written communications after the repossession, through the auction or private sale. If not, the credit union may be liable and have to pay you, plus give up any balance due on the loan.
If the borrower does not abide by the terms of the loan agreement, Clearview FCU has the right to repossess the vehicle. But the credit union has to follow all the rules -- and often they don't.
After the repossession, Clearview FCU has to provide written notice to the borrower. This notice may be called a Notice of Intent to Sell Property, or Notice of Repossession. If the borrower does pay to get the car back, Clearview FCU could sell the vehicle at a private sale or auction. Once the vehicle is sold, Clearview FCU is required to send a second written notice to the borrower stating the selling price of the vehicle and any balance claimed. This notice is called a Deficiency Notice.
Flitter Milz will evaluate the repossession of your car, truck, motorcycle, boat or RV. In addition, we will review your loan agreement, and all documents or correspondence sent by the credit union. As a victim of vehicle repossession, you have rights. Contact Us for a no cost legal evaluation.
The credit union must act in a "commercially reasonable" way in repossessing your vehicle. This means, no confrontation, violence, physical altercation or damage to the borrower's personal property. If a vehicle has been wrongfully repossessed, the borrower may have the right to sue the lender and repo agent, even if payments were missed or there was a default to the terms of the loan.
The repo agent is to inform the local police department of its intention to seize a vehicle. During the repossession, the repo agent or the borrower may call to have the police come to the scene. Sometimes, the repo man will tell the police there is a weapon involved when there is not.
The police are to aid in keeping the peace. The police are not to enable the repossession. They are not to order the borrower to turn over the keys, or to "step aside" and permit the repossession.
If the police threaten arrest or command that the vehicle be turned over, they may have crossed the line from keeping the peace into breaching the peace. This could violate the borrower's constitutional rights.
Contact us today for a FREE legal review.
If we find that the repossession laws have been violated, there is no cost to you to pursue a lawsuit against Clearview Federal Credit Union.
Flitter Milz is a consumer protection law firm representing victims of illegal car, truck, motorcycle, boat, and RV repossession in Pennsylvania, New Jersey, New York, and elsewhere.
If your vehicle has been repossessed by Clearview Federal Credit Union, gather your loan and repossession documents and contact us for a free legal review.
Toll Free: 888-668-1225 Email: consumers@ConsumersLaw.com
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