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Vehicle Repossession and Your Rights

Posted By admin || 22-Feb-2010

Reposession and Bankruptcy

Are you delinquent on your car loan?  Missing a car payment can result in repossession in a very short amount of time.  If you fail to pay your car loan, a lender has the right to repossess your vehicle immediately and they are not required to give you a warning that they intend to do so.  However, a repossession agent (repo man) does not have the right to harm your or in any way "breach the peace" to carry out a vehicle repossession.

For example:

A repossession agent cannot stop you on the street or highway or forcibly remove you from your car.  If a repossession agent attempts to force you from your vehicle or force you to pull over on a street or highway, they may be criminally liable.  Also you may have grounds for a civil lawsuit.

A repossession agent doesn't have the right to break into your property to repossess your vehicle.  For example, if your car is parked in your garaged or even in a gated community, the repossession agent is not allowed to force open the garage door or tamper with the community gate to gain access to the vehicle. Also, you are not required to give a repossession agent access to your private home or community so that they can carry out a repossession.  However, this does not mean that you have the right to attempt to verbally assault or physically stop the repossession agent.  If a repossession agent is breaking into your property, please just call the police.

And finally, a repossession agent does not have the right to pretend to be a law enforcement agent, physically assault you or even threaten to assault you. If a repossession agent attempts to harm you or verbally assault you, do not engage, get away and call the police.

Remember, you do not need to experience a vehicle repossession. Even if you are several months behind on your car payment you may be able to keep your car using bankruptcy.  Don't want to keep the car?  Use bankruptcy to return the vehicle and discharge the auto loan.  Please speak with a bankruptcy attorney to find out how bankruptcy can help you stop repossession .

Categories: Repossessions
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