Repossession
My car was repoed in Washington, DC!
For the majority of folks, having your car, truck, motorcycle or any vehicle repossessed is devastating for consumers in the District of Columbia and California. You are left without a way to get to work, or perhaps the vehicle is used to travel for work. Californians in particular practically live in their vehicles. This can cripple a person’s livelihood and cause severe stress in your household. If you have missed a car payment and your vehicle has been repossessed it is time to call a lawyer. Some consumers deny what is happening until the point of repossession and would like to get the vehicle back. Was the repossessed car sold for more than is owed? Or sold for less than is owed resulting in a deficiency amount due? Are you concerned about obtaining a future mortgage after your vehicle was repossessed? Whether you can get the car back depends on how quickly you act. The repossession could have been unlawful. CJE is an experienced repossession rights attorney that can explain to you your options.
Ask Questions:
- Ask the repossession agent his/her name and the name of his company
- Ask the repossession agent why he is taking your vehicle and who sent him/her
- If the police are called ask the police officer for a police report, the officer’s name, badge number and precinct.
- Ask any witnesses for their name and contact information
- Ask to repossession agent if you can remove your personal items from the vehicle and keep track of the amount of time you are given
- Ask the repossession agent for any paperwork that authorizes them to take the vehicle and take a clear picture of the paperwork with your phone
What to Do
- Take detailed notes during the repossession describing what is happening
- Record what is happening using your phone
- Collect the name of the repossession agent, the name of the company, and the license number of the tow truck or any vehicle used by the repo agent
- Collect the name, precinct and badge number of any police officer and collect the police report
- Collect the names and contact information of witnesses
- Collect all your personal items from the vehicle including vehicle purchasing and loan agreements
- Keep all the information collected in a safe place and contact a consumer rights lawyer to explain to you your options
Contact a lawyer experienced in repossession law. Even if you missed some or all of the steps above contact CJE to understand your options.
Help...I'm being sued for a deficiency balance after auto repossession in Washington, DC!
Auto repossessions happen every day in the District of Columbia, California and across the nation. People go through things, an unexpected medical expense, a loss job, etc. The car or vehicle is repossessed. However, after the creditor auctions/sells the vehicle for less than you owe on the car loan they then come after you for the remaining balance on the loan called a deficiency. What happens when the creditor comes after you for a deficiency amount after selling the vehicle? Typically, you are sued for a car repo. You receive a court summons for a car loan. But, you may not owe the amount claimed if the repossession was unlawful. If your repossession rights were violated, you may be entitled to damages. Time to call a lawyer.
CJE sues and defends against debt collectors on a regular basis to enforce your rights. Lenders, creditors and repossession agents must follow the law in order to collect a deficiency amount after the sale/auction of the vehicle. However, your defenses must be asserted in court or the lender or debt collector will obtain a valid judgment against requiring you to pay the uncollectable debt.
Should I ignore the debt collector?
Debt collectors and creditors count on you to ignore the summons or lawsuit and not show up for court. That way, the court will enter a default judgment against you without a fight. Or, if you do show up to court without an experienced repo attorney the debt collector dupes the consumer into signing a settlement or stipulation. In the settlement/stipulation you agree to make payments on a deficiency debt you may not owe. You may also waive all your defenses relating to the deficiency debt. If you default on a payment (most consumers inevitably default) the signed stipulation/settlement consents to a judgment being entered against you. Exactly what the creditor/debt collector wants. Now they have converted your uncollectable debt into a valid judgment that gives it legal rights to garnish your wages, levy your bank account, etc.
Signing an agreement to repay a debt drafted by a debt collector/creditor without your own attorney present is not a good idea. Let CJE fight the battle for you.
The mercy of the court
A common myth by consumers is that the judge will take pity on them and help them with their case. Unfortunately the judge is prohibited from telling you that the deficiency debt is uncollectable because he/she must remain impartial. So always remember, regardless of how sympathetic the judge may appear to be to your cause, the judge is prohibited from fighting on your behalf and is delivering an impartial judgment with honey instead of vinegar. The debt collector is mum because it wants a judgment against you before you find out that the debt is uncollectable. The result, the debt collector sues you on the uncollectable debt and obtains a valid judgment against you allowing it to legally obtain wage garnishments and/or bank levies. A judgment legally obligates the consumer to pay the formerly uncollectable debt pursuant to the newly obtained valid judgment. Why? Because defenses must be asserted in court before a judgment is rendered.
Why CJE
The legal process is complicated and can move and turn in many different directions in a moment. You stop a debt collector by hiring a experienced repossession rights lawyer who knows the law and the process and will navigate both in your favor. The debt collector or repo creditor will have an attorney in court, you need one too. Contact CJE for a free consultation and find out what your options are.
Always leveling the playing field for the consumer
Contact an experienced repo lawyer. Even if you missed some or all of the steps above contact CJE to understand your options.
