Call Me If..Your Vehicle Has Been Wrongfully Repossessed
Note I said “wrongfully” repossessed. If you are delinquent on payments or allow your insurance to lapse or otherwise violate your finance agreement or other contractual obligation I may be unable to assist you. The repossession would likely not be wrongful but you may be able to work out a deal to recover your vehicle.
I am instead talking about situations where the consumer’s vehicle is repossessed with no valid reason and/or in an unfair manner. Even if a creditor has the right to take your vehicle there are some rules of the road regarding retrieving the vehicle. The general rule is that the vehicle can be taken so long as there is no violence or breach of the peace; typically no prior notice is required before the vehicle is taken.
If you believe you have been the victim of a wrongful repossession please assemble as many of the following documents as you can and contact me for a consultation:
- Bill of Sale a/k/a Buyer’s Order
- Retail installment sales contract a/k/a finance contract
- Receipts or proof of all vehicle payments made by you
- Security agreement (typically gives seller and/or lender the right to repossess vehicle if breach of contract occurs)
- All certificates of repossession
- Correspondence or notices from seller or lender regarding potential deficiencies or breach of contract by you
- Documentation of seller or lender’s usage of a GPS tracking and/or shutdown device on the vehicle