Facing Car Repossession
Understanding Your Rights
If you are among the growing number of people in Los Angeles who has gone through the embarrassing and stressful experience of having a car repossessed, you should know that you have options for fighting back. A seasoned attorney can meet with you about the situation to determine whether you can file a motion to reverse the repossession and regain your vehicle, or even to receive punitive damages if your rights were violated through creditor abuse during the repossession.
When you missed a payment on your car loan, your lender probably sent you a notice that you would be subject to repossession if you didn't catch up on the unpaid amount by a specified deadline. It can be difficult to catch up when you are already under financial pressure, and many people are unable to do so. Filing for bankruptcy includes an automatic stay of all collections actions, halting repossession and allowing you the time to get this issue resolved.
While the lender normally has a legal right to repossess the vehicle if you default on your monthly payments, it is illegal to cause a breach of the peace in the action. If the repo agent used force or threats of violence, if your garage was broken into or if the car was towed with you inside, you may be able to file a claim for damages against the lender.
How to Fight Repossessions
Most repossessed vehicles are sent to auction within 10 days, so you have to move fast if you want to recover your car. If the car is auctioned off, your lender will probably take legal action against you for payment on the outstanding balance of the loan, so it is in your best interests to retain the representation of an attorney to defend your rights. You should speak with an attorney from Price Law Group about your situation as early as possible so that repossession can be halted and the situation resolved before it progresses further.