Are you behind on your vehicle payments? Did you know that vehicle repossession cannot be executed by threat or force? Vehicle lenders can seize your vehicle if you are in default, however, they cannot breach the peace in the process. Historically, the law disfavors repossession.
What does that mean? Well, it means that you do not have to relinquish your vehicle to two scary guys showing up at your door demanding that you do so, even if they threaten that they will call the police. If you know that you are behind in your payments, it is always a good idea to keep your vehicle on your property, and under lock and key. The only time you have to turn over your vehicle is if it is court ordered.
If your lender commits a breach of the peace, you may be entitled to damages, or you may be able to use the breach in a lawsuit against the lender. There are defenses to a deficiency action, the most common of which are:
-The lender breached the peace when repossessing the vehicle;
-The lender did not sell the vehicle in a reasonable manner; or
-The lender lost the right to sue by letting the “statute of limitations” expire.
There are options to getting your vehicle back, or not losing it in the first place. It is always best to contact an attorney for advice on how to best handle your situation.
Jeremiah Buffalo Wirgau offers no obligation consultations.