You Can Fight Back Against Auto Repossession

The repossession of a car is a complex and often misunderstood matter. Consumers have far more rights in this process than they realize. At Bensley Law Offices, we fight for consumers to ensure that their rights are preserved throughout the process. Although this can be a terrifying situation, we will guide you through the process of handling each step and ensuring that your rights are upheld. Call us today at 800-254-3497 or contact us online.

Wrongful Repossession —Telling The Repossessor To Leave

Contrary to what you may have seen on television, you have the right to tell the repossessor to leave before he or she takes possession of the vehicle, no matter where the car is parked. If the repossessor won’t leave, that is a breach of the peace and a violation of the law. The repossessor is also not allowed to:

• Enter enclosed property or building without your consent
• Use force or threat of force to get the vehicle
• Damage your property or your vehicle
• Refuse to leave you property
• Call the police or threaten to call the police
• Lie, particularly about having a court order
• Physically touch you
• Talk with your neighbors about the repossession or soliciting their help

If a repossessor has acted improperly during an actual or attempted repossession, we may be able to build a case against him or her and the bank that hired him or her. Our Pennsylvania car repossession attorneys will carefully document the incident and the manner in which the repossessor violated your rights.

If you voluntarily surrender the car, you will likely avoid the cost of any legal action against you, but you will lose the vehicle and still owe the creditor money, including the repossession fees. If you have any other arrangement with the creditor in exchange for voluntarily surrendering the car, make sure that you have it in writing. Bad repossessors and banks are known to make promises to get a car only to deny it afterwards.

After a vehicle is repossessed, you must receive a notice from the bank via certified or registered mail or hand-delivery. We will be more than happy to review the notice for you to see if it complies with the regulations. In most cases, the car will be sold within a specific period of time. Our firm will help you understand all the options available to you, as well as you rights and how we can ensure that those are upheld.

What To Do If You Believe A Breach Of Peace Occurred During Your Auto Repossession

Repossession agents must follow strict rules when attempting to take a vehicle. If they ignore those limits and create a breach of the peace, the repossession may be unlawful. When this happens, taking steps that protect your rights and preserve evidence of the incident is essential.

If you believe the repossession agent acted improperly, consider taking these actions:

• Record what happened: Take photos or videos of the encounter if it is safe to do so. Write down the date, time, location and any identifying details about the repossession company or agent. If anyone witnessed the event, try to obtain their names and contact information.
• Call local law enforcement: If the repossession agent refuses to leave your property, damages property or uses threats or force, you may request police assistance. A police report can create an official record of the incident documented by the officer who responded.
• Seek legal guidance: A consumer rights attorney can review the details of the repossession attempt and determine whether a breach of the peace occurred. Legal action may be possible against the repossession company or the lender that authorized repossession.

Acting quickly after the incident can help strengthen a potential claim. Photos, witness statements and official reports often play an important role in showing how a repossession agent violated the law. 

Can You Prevent A Car Repossession If Personal Documents Are Inside The Vehicle?

Many people worry about important items left inside a vehicle when repossession occurs. Personal documents such as identification, insurance records or financial papers are often stored in a car’s glove compartment or console. The presence of personal belongings does not usually stop a repossession from occurring. However, the repossession company is typically required to return personal property that is not part of the vehicle itself. Consumers generally have the right to request those items after the repossession takes place.

If you know that essential documents remain in the vehicle, you should contact the repossession company or the lender as soon as possible to arrange retrieval of your belongings. In many situations, the company must provide a way for you to collect personal items within a reasonable period of time.

A Philadelphia auto repossession attorney can review the circumstances of the repossession and help determine whether your rights regarding personal property were respected. 

Fraud And Disputes Regarding The Contract

If a consumer realizes that he or she has been cheated, he or she may not have to continue making payments. If fraud has occurred, the contract is or should be unenforceable. This must be legally proven, though. Such a fraud may also eliminate the bank’s right to repossess the vehicle.

Too often banks ignore how consumers were tricked into contracts. They ignore the fraud. You need the representation of a lawyer who deeply understands auto dealer fraud and how to help.

To learn more about your rights in car repossession and the steps an attorney can take to advocate on your behalf, please arrange a consultation by calling our Philadelphia firm today toll free at 800-254-3497.