A bank, credit union or finance company can repossess a vehicle if there’s a default in the terms of the loan agreement you signed. The default may have been the result missed payments, late or partial payments, a lapse in your car insurance coverage, or other cause. Yet, even where the lender has a right to repossess, you also have legal rights.
Cary Flitter speaks about Vehicle Repossession and Your Rights
Step 1: Contact your lender, or local police, to confirm that your vehicle was repossessed, and not stolen. Ask the name of the repossession towing company and the location of your vehicle.
Step 2: Gather all purchase and loan documents for your car, truck, motorcycle, boat or RV.
Step 3: Keep or obtain the Repossession Notice, or Notice of Intent to Sell Property, that the lender is Required to send to the borrower after repossession.
Step 4: If the repo was combative in any way, write down what happened – today, while it’s fresh.
Step 5: Contact Flitter Milz for a free evaluation of your case.
Never sign a waiver or release agreement to get your vehicle back. Signing a waiver could give up your legal claim of wrongful actions by the lender or repo agent.
Flitter Milz has the expertise in auto repossession that few firms can offer. We have recovered tens of millions of dollars for borrowers who have become victims of wrongful repossessions. Our lawyers write the book on vehicle repossessions. We train attorneys, law students and judges on the intricate rules of consumer finance and repossession law.
We are prepared to fight for your rights against the bank, credit union or finance company.
Lenders bring their A-team to court – so should you.
State and Federal laws determine how lenders handle repossessions at the scene and after, the notices they must provide and the requirements to sell a seized vehicle. Borrowers have legal protections, whether payments were missed or not, without filing for bankruptcy.
The bank said they would work with me on a couple of late payments. But then they sent the repo truck. When I protested, the repo man called the police - who threatened to arrest me if I didn't turn over the keys. Then Flitter Milz stepped in.
Repo agents do not have free rein when it comes to taking possession of your car, truck, motorcycle, boat or RV. They can’t threaten or use physical force to take your vehicle, or enter your fenced property without your permission. If you believe the repo agent violated your rights, document the event.
Keeping the Peace
The police may be contacted by the repo agent or the borrower during a vehicle repossession. Upon arrival at the scene, they are to keep the peace only, or to protect everyone from harm.
Breaching the Peace
The police are not to assist the repo agent in the repossession of your car. They are not to threaten arrest, or command that your vehicle, or the keys, be turned over to the repo agent. Once the police become involved in the repossession, they may have crossed the line from keeping the peace to breaching the peace. Police should not take sides in a civil dispute between private parties.
Flitter Milz has helped people like you fight wrongful repossessions by problem lenders and repo agents. Contact us today, for a free legal review of your car, truck, motorcycle, boat or RV repossession, call 888-668-1225 or CHAT with us. If we accept your case, you will have no out of pocket expense.
No Charge Consultation. No Ongoing Fees.