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Repo Agent Taking Car

Have a Specific Reposession Question?

If you are looking for an answer to specific question regarding repossession, read the repossession Frequently Asked Questions page. It contains answers to most common repossession questions asked by consumers.

If you think you have a legal claim against the finance company, car dealership, or repossession agent, then keep reading for a discussion of legal claims that consumers can potentially assert following a repossession.

Repossession Legal Claims

Generally, there are four scenarios in which consumers have viable legal claims relating to repossession. These claims are “viable” because (1) consumers have a realistic a probability of being able to prove them in court, and (2) the claims can be asserted in manner that forces the wrongdoer to pay the consumer’s attorney’s fees and costs. Unfortunately, some conduct that is plainly unlawful does not result in a viable legal claim. For example, claims that are entirely based on something that the wrongdoer said (i.e., orally but not in writing) are typically not viable unless the consumer has some other means of proving what the wrongdoer said (e.g., witnesses). Similarly, claims that do not allow consumers to recover their attorneys’ fees and costs are not viable because the legal fees incurred by the consumer would likely exceed the amount that he or she can expect to recover.

That said viable repossession-related legal claims tend to fall into these four categories:

  1. finance companies repossessing vehicles when they have no legal right to do so;
  2. failing to properly give consumers an opportunity to either “reinstate” their loan (i.e., satisfying all overdue payments and getting the vehicle back) or “redeem” it (i.e., paying the loan off in full and getting the vehicle back);
  3. for leased vehicles that are auctioned off, inflating the deficiency balance that consumers owe; and
  4. repossessing vehicles in a manner that “breaches the peace.”

Click on the category (or categories) above that best describes your situations to learn more.

Have Another Repossession Question or Issue?

If none of the above categories apply to you, but still you think you still have a legal claim, then check out our Frequently Asked Questions page. If, after reading the FAQ page, you still think you have a legal claim, then call us at 855.453.6665. We will listen, and give you a straightforward opinion as to whether you have a viable legal claim.