Car Repossession Lawyer Philadelphia | Vehicle Repossession Attorney
Wrongful car repossession can cause damage and stress to one’s livelihood. Depending on guidelines within a car sales contract, your car can be taken from you in as few as 30 days after you are delinquent on your monthly payments.
A significant issue that car owners face when repossession occurs is the absence of an official notice. Because a notice isn’t required for car repossession, car owners planning to make a payment can have their chances stripped away when they wake up and find their car repossessed by car lenders.
While this is a nightmarish situation for anyone that relies on their car for daily activities, individuals can seek guidance from car repossession attornies to address incidents of wrongful car repossession. Car owners in Philadelphia seeking legal counsel for wrongful car repossession can get help from the experts at Sadek and Cooper Law Offices. To understand what you can expect from the legal process of getting your car returned safe and sound.
How Does Car Repossession Work?
While you might think that car repossession is uncommon, this is far from the truth. As of 2019, at least 2 million cars in the United States are repossessed yearly, a number that has undoubtedly surged given the financial crisis caused by the COVID-19 pandemic.
Knowing how car repossession works is essential if you are currently dealing with car repossession, are behind on your monthly car payments, or want to prepare for future complications. Car repossession is far from uncommon because of the lax rules for lenders, and car lending contracts often favor the lender instead of the borrower. As soon as a borrower is delinquent on their car payments, the lender can decide whether to take action–even if the borrower is only 30 days late.
Though many lenders will wait until 60-90 days after a missed payment to repossess a car, they are not legally bound to wait any longer than a single missed payment. As a result, you could wake up to find your vehicle gone without warning and far sooner than you might have imagined.
If a lender doubts your ability to repay your car loan, they can take your car back without telling you beforehand. Lenders often work with third-party organizations to collect your vehicle from your property, meaning that a towing service can show up out of the blue and haul your car away.
car Repossession Laws in Pennsylvania
Pennsylvania residents seeking a Philadelphia car repossession lawyer should understand car repossession laws specific to Pennsylvania. Under Title 12 of the Statutes of Pennsylvania, individuals can find various repossession laws and regulations by which car lenders can obtain the borrowed car. The extensive Title 12 repossession laws include some of the following stipulations.
- Lenders can legally repossess a car if the borrower defaults on the monthly amount due under the car’s contract.
- Lenders can repossess a car if the borrower commits any breach of contract.
- The borrower can reobtain the property remaining in their repossessed car within 30 days of repossession. Following these 30 days, the lender is allowed to dispose of personal property.
- A public official is the only figure allowed to repossess a borrower’s car if repossession occurs with a legal process.
- If repossession occurs without legal process, a borrower may have their car repossessed by the lender, an official or full-time employee of the lender, a licensed seller, or a licensed collector-repossessor.
- Lenders can hold buyers liable for certain costs after repossession in particular circumstances, meaning that the borrower incurs more debt and pays for the car in part.
What are the Two Types of car Repossession?
Two types of car repossession exist: voluntary and involuntary, with the latter type being the typical cause for one’s decision to take legal action against a lender after wrongful repossession. Below are brief explanations for both categories of car repossession to help build your knowledge and legal case.
When the lender voluntarily repossesses your car, you initiate the repossession process. Voluntary repossession requires the borrower to inform their car lender that they cannot keep up with monthly payments. Once you have shared this information, you and the lender will devise an agreement where the lender can repossess the car.
Voluntary repossession allows the borrower to contribute to determining a date by which the lender will have regained possession of the car. Voluntary repossession is the ideal option should you face the possibility of car repossession, as borrowers encounter lower fees and costs than with involuntary repossession.
Involuntary repossession is far more challenging than voluntary repossession because it can catch the borrower off guard and leave them stranded, literally and figuratively. This repossession involves a lender seizing a car from borrowers who have defaulted on their monthly payments. Though most lenders wait 60-90 days to repossess a vehicle, some will acquire the car in as few as 30 days.
Involuntary repossession typically comes without advanced notice–you could get off work one day and find the repossession company hauling your car away. This repossession typically comes with higher costs and fees, putting additional financial stress on the borrower.
How Can a Lawyer Help Me Navigate Car Repossession?
There are many situations where a car repossession attorney can help you regain possession of your car. The three primary scenarios where a lawyer can help you with car repossession are wrongful repossession, deficiency lawsuits, and situations where bankruptcy law applies. In the cases described below, a lawyer is your best option for obtaining your car after involuntary repossession.
How a Car Repossession Attorney Can Help With Wrongful Repossession
In the case of involuntary, wrongful repossession of your car, a lawyer can significantly strengthen your case. When a lender repossesses your vehicle without sufficient reason, a car repossession attorney can help you file a lawsuit and take action against the lender.
Wrongful repossession entails a lender repossessing your car without breach of contract on your behalf. For instance, wrongful repossession occurs when you are up to date and adhere to the contract terms. Additionally, wrongful repossession can arise if you are late on a payment and have yet to reach the 30-day mark. Working with a lawyer is essential to get your car back in your possession.
How a Car Repossession Attorney Can Help With a Deficiency Lawsuit
After involuntary repossession, a lender may file a deficiency lawsuit to recoup the difference in cost between the car’s value and the outstanding balance of your loan. These lawsuits may lead to a deficiency judgment, where you are responsible for repaying the difference between each value. Navigating this tricky situation and negotiating repayment requirements is simpler when you enlist the help of a professional car repossession attorney.
How a Car Repossession Attorney Can Help by Using Bankruptcy Law
Professional repossession attorneys use an effective strategy to help you obtain your car after involuntary repossession: relying on bankruptcy law to prove your case. In many cases, borrowers defaulting on their payments manage additional debts, including credit cards, loans, or mortgage expenses. In this situation, borrowers can reclaim their car by rights recognized through Chapter 13 Bankruptcy.
Chapter 13 Bankruptcy reorganizes your debt and allows for repayment of secured debt over 3-5 years. Secured debt is paid to the detriment of a borrower’s unsecured debt, including credit cards. A borrower whose vehicle is involuntarily repossessed can have their car returned to them. The repossession lawyers at Sadek and Cooper are essential for navigating bankruptcy law and obtaining your car.
When a borrower has their car repossessed by a lender, a Chapter 13 Bankruptcy can return the vehicle to the borrower, allowing the Chapter 13 filer to pay minimal amounts of debt to unsecured creditors while still being able to afford car payments and maintain possession of the car.
Bankruptcy law includes an automatic stay, which prevents individuals from exercising control and obtaining possession of another’s property. A car repossession attorney can help you file Chapter 13 Bankruptcy, and under the automatic stay regulations, you can have your car returned immediately.
Solve Your Car Repossession Struggles With Sadek and Cooper. Call us at 215-545-0008.
Getting your car returned to you after experiencing involuntary repossession is possible if you know whom to turn to for repossession lawsuits. The expert repossession attorneys at Sadek and Cooper Law Offices can help Philadelphia residents obtain their vehicles in record time through a comprehensive strategy based on Chapter 13 Bankruptcy law.
Individuals in Philadelphia unsure of what to do when their vehicle is suddenly repossessed can contact the attorneys at Sadek and Cooper to obtain their car once a lender confiscates the vehicle legally. Sadek and Cooper are prepared to fight for your rights and get your car returned with as little stress to you as possible.
Contact the law offices today to schedule a consultation with a repossession attorney at Sadek and Cooper.