GM Law Firm is consumer lawyers who specialize in vehicle repossessions, violent repossessions, and auto repossession reinstatement. Over the years, GM Law Firm has been at the forefront of successfully bringing class action lawsuits against loan companies and lenders. The firm has had many debts waived and restitution payments made to consumers.
Below is what you need to know about repossession.
Should You Receive Written Notices Before Repossession?
Your vehicle can be repossessed without any prior notice. However, after your car has been repossessed, you’re entitled to two different written notices-one from the lender and the other from the repo agency.
The first notice should come from the repo agency and is to be sent within 48 hours, informing you they repossessed your vehicle. The notice should contain a list of items that were in your car at the time of repossession. Failure by the repo agency to send you a notice can result in a lawsuit against them for the amount charged for repossession and charges imposed for bringing back your personal items found in the vehicle.
The second notice comes separately from the lender. The loaner states in the notice how to reinstate the contract and get your vehicle back. You should expect the notice within 60 days.
How Can You Get Back Your Personal Belongings from Your Repossessed Car?
You don’t have to turn over your car keys to the repossessor to get your personal items out. If the repo agent demands you do that, they are in violation of the law. You should make an appointment with the repossessor to get back your belongings within 60 days. If they, on the other hand, send you a proper notice within 48-hours, they can charge you for storing your items.
Is the Post-Repossession Notice from the Lender Important?
It’s very important because a lot of lenders don’t comply with the strict disclosure agreements. In case of a defective written notice, legally, you don’t owe the bank anything after your vehicle is sold off at auction. The item will also not appear on your credit report.
Can the Repo Agent Apply Force?
No. The repo agent is prohibited from violating the peace when taking your car. They can’t push or touch anyone and neither can they use violence. They also can’t use profanity. If they do, they can be sued.
Can the Repo Agent Trespass into a Secured Area?
No. They can’t. They can’t follow another car into a secured area or garage and neither can they break into your property by any means. If they do this, they’re liable for unlawful repossession.