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 267-838-9654 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 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.
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 at 267-838-9654 or toll free at 800-254-3497.