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Fighting auto repossession

On Behalf of | Jan 5, 2018 | Consumer Protection

If you are a Pennsylvania resident who has fallen behind on your car payments, there may be ways you can avoid repossession. A person who has come to repossess a vehicle must follow legal guidelines. If the repossessor fails to do so, you may have a case for wrongful repossession.

It is legal to tell a person who has come to repossess a vehicle to leave the property, and their refusal to do so is a violation of law. They may also not enter enclosed areas, threaten to call the police if you do not allow them to take the vehicle, lie about having a court order, touch you physically or ask your neighbors to help them with the repossession.

If your vehicle is repossessed, you will typically still owe the creditor money in addition to fees for repossession. In some cases, creditors will negotiate an agreement in exchange for your voluntary surrender of the vehicle. It is best to get any agreement from a creditor in writing.

If a contract was signed on the basis of fraud, you may not have to continue making payments if a judge rules that the contract is void. If a car dealer misrepresented the condition of the vehicle or the terms of a financing agreement, you may be able to argue that you were induced into signing the contract by fraud and avoid repossession.

Our firm may be able to help vehicle owners who are facing repossession by making sure that your rights are protected. We can examine any contracts you have signed and any documents you have received to analyze the specific facts of your case and make sure that you are being treated fairly. We may be able to help some consumers avoid repossession if there is evidence of fraud. For more information about vehicle repossession, visit our firm’s website.

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