Car Repossession Rules
- You can keep your car from being repossessed by making timely car payments.luxury car - model toy car image by alma_sacra from Fotolia.com
Every state has different laws that govern the process of car repossession. When you have fallen behind on payments and have not notified the lender of intent to continue payments, the lender has the right to reposses the vehicle. Signing a contract is legal binding and gives both you and the lender specific rights. In some states, lenders will put an electronic device on your car that will disable it from starting the day you fail to make a payment. Other states primarily allow the lender to respossess their vehicle physically. - Other vehicle types, such as boats, are subject to repossession.wake board tow boat image by Wimbledon from Fotolia.com
If you fail to make payments on your vehicle, the lender has the right to seize that vehicle with or without notice--depending on state laws. It is important to keep your contract available and make sure that you understand the agreement made prior to repossession. Lendors must not use physical force, harass you or damage the vehicle during repossession. Many states require that the consumer be treated fairly during the repossession process, and if you feel violated in any way you can contact a lawyer for legal advice. If your case goes to court and the lendor is found guilty, you might be offered a deficiency judgement where the lendor will be responsible for the costs of the vehicle instead of you. - Communication is often the saving factor in repossession cases. Many states have deferrment laws allowing you to notify your lendor of a financial hardship, and your monthly payment can be extended to the following month without requiring for you to make a double payment. This only extends your loan contract for one additional month, and it is important to check with your lendor about any additional interest fees or penalty fees by choosing this option. Normally, most lendors will be willing to work with you if you are unable to make a full payment. It is when the lendors receive no communication that they must make the decision to reclaim their property.
- Seek legal advice if you feel you have been treated unfairly during repossession.Justice image by MVit from Fotolia.com
Lendors can seize your vehicle with or without keys from you. You also do not have to be home when they seize it. Commonly, lendors will seize the vehicle late in the night or early in the morning while you are sleeping, if it is parked in plain sight. This often leads to your personal property within the car such as clothes, CDs, paperwork and money being taken as well. It is the lendors responsibility to ensure your personal property is not kept and that you informed of your personal property being in their possession so that you can retrieve it. Some states require that you pay a fee to retrieve any personal property left in the vehicle during seizure. If you are not offered the chance to retrieve your personal property or if you recieve your personal property with items missing or damaged, seek legal advice.